The judgment below

The part of the case for which the attachment order is requested shall be reversed, and that part of the case shall be remanded to Busan High Court.

1. According to the records of the judgment on the grounds of appeal as to the Defendant case, the Defendant and the person requesting an attachment order (hereinafter “Defendant”) asserted unfair sentencing and mental and physical disorder on the grounds of appeal against the judgment of the first instance, but withdrawn the allegation of mental and physical disorder on the first trial date of the lower court

In such a case, the argument that the lower court erred in the misapprehension of legal principle as to mental and physical disorder cannot be a legitimate ground for appeal.

In addition, considering the various circumstances, such as the Defendant’s age, character and conduct, relationship with the victim, motive, means and consequence of the instant crime, circumstances after the crime, and criminal records, the determination of punishment by the lower court that upheld the first instance judgment that sentenced the Defendant to ten years of imprisonment is extremely unfair, even when considering the circumstances alleged by the Defendant.

2. Judgment on the case of a request for attachment order

A. Examining the reasoning of the lower judgment in light of the record, the lower court’s determination on the ground of its stated reasoning is justifiable to have determined that the Defendant was in danger of recidivism of sexual crime and recidivism and to maintain the first instance judgment ordering the attachment of an electronic device, and contrary to what is alleged in the grounds of appeal, there is no error of law by violating logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence

B. According to the reasoning of the judgment below ex officio, where Article 9(1)1 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders commits a specific crime, the maximum statutory penalty is death penalty or life imprisonment, the period of attachment of the electronic device shall be between 10 and 30 years, and the proviso of the same paragraph shall be the minimum period of attachment under each subparagraph of the same paragraph.