The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Information and Communications Network.

1. Summary of grounds for appeal;

A. (1) The sentencing of the lower court (two years and six months of imprisonment) is too unreasonable.

The court below's improper order to attach an electronic tracking device to the person who requested the attachment order.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. Determination

A. The claim for attachment order on the part of the Defendant case shall be examined along with the Defendant case and sentenced to a judgment at the same time (see, e.g., Supreme Court Decision 201Do453, Apr. 14, 2011). As examined below, the lower court reversed and rendered a judgment again because it erred in the misapprehension of laws and regulations regarding the period of attachment, which affected the conclusion of the judgment, and thus, the part of the Defendant case of the lower judgment cannot be maintained further.

B. As long as the prosecutor filed an appeal against the Defendant regarding the instant case, it is deemed that the Defendant filed an appeal regarding the attachment order case pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (no express objection is stated in the prosecutor’s petition of appeal or the appellate brief). The court below ex officio examined the facts constituting the instant attachment order by applying Article 9(1)1 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and ordered the Defendant to attach an electronic tracking device for five years.

However, according to Article 9(1)1 of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders, the period of attachment shall be set within a period between 10 and 30 years with respect to specific crimes, the maximum statutory penalty for which is death penalty or life imprisonment. Article 4 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which is the pertinent legal provision on the crime of this case, is applicable.