The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for five years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant and the person to whom the attachment order was requested (1) The first instance court is the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”).

2) It is unreasonable that the first instance court ordering the attachment of an electronic tracking device to the Defendant, even though the Defendant does not pose a risk of recommitting a sexual crime, is unreasonable.

B. A prosecutor 1) The sentence imposed on the Defendant by the first instance court is too unfilled and unreasonable.2) The period of the attachment order ordered by the first instance court (2 years) is too short and is unreasonable in consideration of the risk that the Defendant is likely to recommit a sexual crime.

2. Before determining whether the Defendant and the prosecutor’s unreasonable sentencing, and the unlawful assertion on the attachment order, the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent act by force in relation to relatives) by official authority is different from the date, time, method, etc. of each of the instant crimes, and thus, the first instance court should punish concurrent crimes pursuant to the former part of Article 37 and Article 38(1)2 of the Criminal Act. However, the first instance court erred by misapprehending the number of the crimes as above and punishing each of the above crimes.

3. As such, the defendant's case should be reversed on the ground of ex officio reversal as above, and as long as the defendant's case is reversed, the attachment order case to be judged at the same time is also reversed. Thus, without examining the judgment on the grounds of unfair sentencing and the argument on the attachment order of the defendant and prosecutor, the judgment of the court of first instance is reversed pursuant to Article 364 (2) and (6) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and the following decision is

Criminal facts, the facts constituting the cause of an attachment order, the summary of the evidence, the criminal facts acknowledged by the court, the facts constituting the attachment order, and a summary of the evidence.