The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

For a period of 10 years, the information on the defendant.

1. The sentencing of the court below is too inappropriate.

2. Determination

A. Considering the fact that the nature of the instant crime is not good in the part of the Defendant case, strict punishment against the Defendant is necessary.

However, considering the fact that the defendant and the person subject to a request to attach an attachment order (hereinafter the defendant) repents his mistake in depth, that the defendant has no criminal records of qualification suspension or heavier punishment, that the defendant paid a certain amount to the victim, and that other conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and circumstances after the crime, the court below's punishment is too unreasonable. Thus, the above argument of the defendant is justified.

B. Article 9(5) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”) provides that the judgment on the attachment order case shall be pronounced concurrently with the judgment on the specific crime case. Articles 9(4)3 and 4, and 28(1) of the same Act provide that where a fine is imposed or a suspended sentence is imposed with respect to the specific crime case, the request for the attachment order shall be dismissed: Provided, That where a probation order is issued to a specific criminal offender while the execution of the sentence is suspended, the request for the attachment order shall be dismissed: Provided, That in light of the fact that a probation order is issued to the person who committed the specific crime, the attachment order case which shall be tried together with the judgment and sentenced simultaneously with the judgment cannot be reversed (see, e.g., Supreme Court Decision 2011Do453, Apr. 14, 2011; 201Do112, Apr. 14, 2011).