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All appeals filed by a person requested to attach an attachment order and a prosecutor shall be dismissed.
Reasons
1. Scope of judgment of party members;
A. On December 26, 2012, the lower court rendered a judgment on the charges of assault, etc. and rape injury on the part of the Defendant case against a person subject to a request to attach an electronic device on December 26, 2012, on which the lower court imposed an order to disclose and notify the Defendant case for 12 years and 10 years, and imposed an order to attach an electronic tracking device for 15 years on the part of the case subject to the request to attach an electronic device. 2) On the whole of the lower judgment, on the grounds of erroneous determination of unfair sentencing and risk of recidivism in relation to the location tracking device attachment, the person subject to the request to attach an electronic device filed an appeal on the grounds of unfair sentencing and unfair attachment period.
On May 10, 2013, the trial before remanded the judgment of the court below on the grounds that the lower limit of the statutory attachment period against the person subject to the request for an attachment order and the person subject to the request for the attachment order is 20 years, and sentenced the person subject to the request for the attachment order to issue an order to disclose and notify the same for 10 years, 10 years, and 20 years.
3) With respect to the whole judgment of the party before remanding, the person subject to a request to attach an electronic device is referred to in the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Devices Attachment Act”).
The Supreme Court reversed the part of the claim for attachment order on the ground that there was an error of misunderstanding of legal principles as to retroactive application of the proviso of Article 9(1) of the Electronic Device Attachment Act, and the appeal against the accused case was dismissed.
B. According to the grounds of appeal and reversal as to the instant case prior to the judgment, the part of the judgment below regarding the Defendant case was separately determined.
Therefore, the subject of this court's trial is limited to the case of the attachment order claim.
2. Summary of the grounds for appeal;