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1. The part of the judgment below on the defendant is reversed.
2. The defendant shall be punished by imprisonment for a period of two years and six months;
3. The defendant.
Reasons
1. Summary of grounds for appeal;
A. The sentence (two years and six months) imposed by the lower court on the Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”) is too unreasonable.
B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.
2) Although the Defendant’s partial request for attachment order risks repeating sexual crimes, the lower court’s dismissal of the Defendant’s request for attachment order against the Defendant is unlawful.
2. Determination
A. Prior to the judgment on the grounds for ex officio appeal as to the part of the case by the defendant, the prosecutor changed the "Violation of the Punishment of Violences, etc. Act (Habitual Intimidation)" to "Habitual Intimidation" in the name of the crime against the defendant, and applied for permission to change "Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act" to "Article 285 and Article 283 (1) of the Criminal Act" in the applicable provisions of the law. This court permitted this, thereby changing the subject of the judgment, and the remaining criminal facts are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained any further.
B. As to the part of the claim for attachment order, the risk of recidivism of a sexual crime under Article 5(1) of the Act on the Electronic Monitoring, Etc. of Specific Criminal Offenders is not sufficient enough to repeat the crime, and is highly probable that the person requested to attach an attachment order would injure the legal peace by again committing a sexual crime in the future.
The existence of the risk of recidivism of a sexual crime shall be determined objectively by comprehensively assessing various circumstances, such as the occupation and environment of the person requesting the attachment order, the motive and means of the crime, the circumstances after the crime, the situation after the crime, and the situation before the crime. Such a determination shall be based on the assumption of the future.