The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

. against the Defendant.

1. Summary of grounds for appeal;

A. Defendant case 1) The Defendant and the person against whom the attachment order is requested (hereinafter “Defendant”)

(2) The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable and unfair, under the circumstances where the lower court’s ability to distinguish things or make a decision was weak.

B. It is unreasonable that the court below ordered the defendant to attach an electronic tracking device.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court and the written testimony of the appraiser of the Public Medical Treatment and Custody Center as well as the written opinion of the appraiser of the Public Medical Treatment and Custody Center, the Defendant, as a intellectual disabled person whose recognition function and social function have significantly deteriorated, can be acknowledged that the Defendant had a weak ability to discern things or make decisions at the time of committing the instant crime.

Therefore, the defendant's argument of mental disability is justified.

B. The lower court determined that the Defendant committed a sexual crime against a juvenile and is likely to recommit a sexual crime, taking into account the circumstances in its reasoning based on the evidence duly admitted and investigated.

In light of the records, the judgment of the court below is just and its attachment period is also appropriate.

Therefore, this part of the defendant's argument is without merit.

3. If so, the defendant's appeal on the part of the judgment of the court below regarding the defendant's case is justified. Thus, without examining the argument of unfair sentencing, it is reversed under Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows

The judgment below

The defendant's appeal on the part of the claim for attachment order is without merit, and it is dismissed in accordance with Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders and Article 364 (4) of the Criminal Procedure Act.

Criminal facts

b) the summary of the evidence and evidence.