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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair attachment order) and the person subject to a request to attach an electronic tracking device (hereinafter “defendant”) have committed the instant crime in contingency under the influence of alcohol, and only once the same criminal record has been committed. Therefore, it is unreasonable for the lower court to order the Defendant to attach an electronic tracking device even though there is no risk of recommitting a sex offense.
2. Determination
A. The Defendant appealed against the Defendant case.
However, the accused case did not submit any grounds for appeal.
Even if compared with the judgment of the court below, the case for the defendant is examined ex officio and reversed.
B. The lower court determined that there was a risk of recommitting a sex offense against the Defendant on the grounds stated in its reasoning based on the evidence duly admitted and examined.
In comparison with records, the above judgment of the court below is just, and its attachment period is deemed proper (the defendant committed each of the crimes of this case contingently, and thus, there is no risk of repeating the crime. However, examining the background of each of the crimes of this case, it is difficult to view that the defendant committed an indecent act by force against the victim since he was aware that the defendant committed an indecent act by force against the victim since he gets a bus such as the victim, gets involved in an indecent act after having a mind to commit an indecent act against the victim, and gets a considerable distance from the victim as he gets on board or walked with the victim, and his personal identity came into the victim's door or within the official residential modernization of the
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that it is without merit. It is so decided as per Disposition.