The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Of the charges of this case, violation of the code of practice.

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, matters to be observed by the court, etc., regarding the part that did not comply with the direction and supervision of the protection observation officer by failing to comply with the matters to be observed, and thus again violated the said rules, cannot be deemed as a violation that can be punished by applying Article 39(2) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. (hereinafter “Act”) and Article 32(2)3 of the Act on the Protection and Observation, Etc. of Electronic Devices (hereinafter “Act”).

However, the lower court found all of the charges guilty. In so determining, the lower court erred by misapprehending the legal doctrine.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, when the court issues a judgment on the attachment order of an electronic device at the prosecutor’s request, the court may impose a certain compliance period on the person subject to the attachment order within the scope of the attachment period (Article 9-2(1) of the Act). If the person subject to the attachment order violates the foregoing compliance, the person subject to the attachment order may be punished pursuant to Article 39(1) and (3) of the Act on the Installation of Electronic Devices.

Meanwhile, a person ordered to attach an electronic device shall be subject to the protection observation under the Protection Surveillance Act during the period of attachment (Article 9(3) of the Act on the Electronic Monitoring of Devices), and a person subject to the protection observation shall comply with the direction and supervision of the protection observation officer in accordance with the Protection Surveillance Act and shall be in compliance with the compliance with the Act on the Protection and Observation (Article 32(2)3 of the Protection and Observation Act).