Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

1. Summary of grounds for appeal;

A. The sentencing of the lower court is too inappropriate.

B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for a location for a period of ten years, even though there is no risk of recidivism of sexual crimes against the Defendant and the person who requested the attachment order (hereinafter the Defendant).

2. Determination

A. It is recognized that the Defendant’s mistake in determining the unfair argument of sentencing is divided.

However, the defendant committed again the crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc.) during the period of repeated crime even though he had several criminal records of the same kind, and the crime of this case is committed after the defendant invadedd the victim D's residence, and the defendant attempted to rape, and the crime of this case is committed, and the nature of the crime is not good. The crime of this case was committed by spiting the victim G and J, and the crime of this case showed considerable mental sufferings and pains to the victim D, the defendant did not agree with the victims up to the time of the trial, and other conditions of sentencing specified in the argument of this case such as the defendant's age, sexual behavior and environment, motive, means and result of the crime, the defendant's motive and consequence of the crime, and circumstances after the crime are considered, so the defendant's argument in this part is not reasonable.

B. The risk of recidivism of a sexual crime under Article 5(1) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. of Electronic Devices (hereinafter “Electronic Devices Attachment Act”) means that the possibility of recidivism is insufficient solely on the basis of the possibility of recidivism, and it is highly probable that a person who requests an attachment order may injure the legal peace by committing a sexual crime again in the future. The risk of recidivism of a sexual crime is the occupation and environment of the person who requests the attachment order, the conduct before and after the crime, the motive and means of the crime, and the circumstances after the crime.