The appeal filed by the defendant, the person subject to the attachment order and the person subject to the probation order and the prosecutor is dismissed.

Summary of Grounds for Appeal

The defendant, the person against whom the attachment order was requested and the person against whom the probation order was requested (hereinafter referred to as "the defendant's case part) (the defendant's case part), and the person with mental disability was in a state of mental disability due to intellectual disability at

The sentence of imprisonment (five years of imprisonment, etc.) imposed by the court below on the defendant is too unreasonable.

The sentence imposed by the court below on the defendant in the part of the defendant's case of the public prosecutor is too uneasible and unfair.

There is an error of misapprehension of legal principles that the court below dismissed the defendant's request for attachment order of an electronic tracking device even though the defendant has a risk of recommitting a sexual crime.

As to the judgment on the part of the defendant's case, the mental disorder as provided for in Article 10 of the Criminal Act is a biological factor, and the mental disorder, such as mental illness or abnormal mental state, is required to be judged to lack or decrease the ability to discern things from mental disorder and to control action accordingly due to mental disorder, except for mental disorder such as mental disorder or abnormal mental state.

(see, e.g., Supreme Court Decisions 92Do1425, Aug. 18, 1992; 2006Do7900, Feb. 8, 2007). According to the judgment of the court below and the evidence duly admitted and examined by the court below, the defendant was registered as a disabled person of Grade III with intellectual disability of March 13, 2007, and the investigator AA assessed against the defendant, such as “It is deemed that the defendant lacks the recognition ability, considering all the circumstances such as the attitude of interview and the ability to make statements during the investigation,” (see, e.g., the Investigation Report before the Request; 39 of evidence records).

However, the Defendant has the ability to discern things at the time of each of the instant crimes, in addition to the following circumstances, such as the background, means and methods of each of the instant crimes, and the circumstances after the crime.