The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

With respect to the person against whom the attachment order is requested, it shall be for twenty years.

1. Summary of grounds for appeal;

A. The Defendant (the person to whom the attachment order was requested; hereinafter referred to as the “Defendant”) committed the sexual crime of this case around 1998, and thus, the Defendant cannot issue an order to attach an electronic device. However, the lower court issued an attachment order to the Defendant on the ground of the sexual crime of this case. In so doing, the lower court erred by misapprehending the legal doctrine regarding the attachment order, thereby adversely affecting the judgment.

B. Taking into account all the circumstances, such as the fact that the nature of each of the crimes committed by the prosecutor in this case is very poor, that the defendant did not reflect the fact, and that the damage has not yet been recovered, the sentence of the court below is too uneasible and unfair.

2. Determination

A. Pursuant to the main sentence of Article 3 of the Addenda to the Electronic Monitoring Act (Act No. 10257, Apr. 15, 2010; hereinafter the same shall apply) and Article 5(1)3 and 4 of the Electronic Monitoring Act, the sexual crime of this case committed by the defendant as to the grounds of appeal by the defendant is defined in subparagraph 2 (a) and (b) of Article 2 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”), the prosecutor may request the defendant to attach an order to the defendant for an attachment on the grounds of the sexual crime of this case, and the court may issue an attachment order to the defendant for a fixed period of attachment where it is deemed that the defendant is likely to recommit a sexual crime pursuant to Article 9(1) of the Electronic Monitoring Act.

In this case, the defendant rapes and inflicts bodily injury on the victims who are under the age of 2 at intervals of her own, and there was a past record of having been sentenced to 12 years of imprisonment by committing rape, etc. in Japan, and other awareness and attitude of the sex crime of this case, character and sex of the defendant, and sex crime of this case.