The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds of appeal (only the part concerning the request for attachment order) of the crime in this case, the part concerning indecent act by force among the crime in this case is very large to commit the crime, and the part concerning indecent act by force is not familiar with the victim who is neighboring residents without being aware of the fact that the person to whom the request for attachment order was made has already been committed by assault against his spouse; the person to whom the request for attachment order was made has already been made is likely to commit a sexual crime again due to a mental state that could not have taken the drug due to the use of the drug due to the mental disorder and treatment; and the risk of recidivism by the person to whom the request for attachment order was made, as a result of the investigation conducted by the probation office before the request of the probation office, even if it is deemed that the person to whom the request for attachment

2. Determination:

A. The lower court dismissed the request for an attachment order on the ground that: (a) the person subject to the request for the attachment order has no record of criminal punishment for sexual crimes; (b) the risk of recidivism based on the result of the evaluation of recidivism by the Korean sex offender against the person subject to the request for the attachment order; (c) the fact that the person subject to the request for the attachment order recognizes all the crimes of this case; and (iv) the degree of the indecent act by compulsion of this case, etc., it is difficult to readily conclude that the person subject to the request for the attachment order has a risk of committing

B. The phrase “risk of recommitting a sexual crime” under Article 5(1) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders means that the possibility of recommitting a sexual crime is insufficient, and that there is a considerable probability that the person who requested an attachment order may de facto injure the legal peace by committing a new sexual crime in the future. The existence of the risk of recommitting a sexual crime is the same.