In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

A. Prosecutor 1) The first instance court of unfair sentencing is only the Defendant and the respondent for an attachment order (hereinafter “Defendant”).

2) The lower court erred by misapprehending the legal doctrine or misunderstanding the fact that the first instance court dismissed the request for the attachment order of an electronic tracking device despite the risk of recommitting a sexual crime. (2) In so doing, the lower court erred by misapprehending the legal doctrine on the dismissal of the request for attachment order of an electronic tracking device.

B. The sentence imposed by the first instance court on the Defendant (unfair form of punishment) is too unreasonable.

2. Determination

A. As to the assertion on unfair sentencing, the Defendant appears to have an attitude against his own will when recognizing all of his criminal acts; in the case of a sexual crime, he appears to have drinking and contingently committed a sexual crime; there is no record of punishment except once a fine is imposed due to the violation of the Road Act; and there is old parents and wife consciousness to support the sexual crime.

On the other hand, the defendant committed an act of sexual intercourse, etc. with his/her age that he/she should protect by force on several occasions, and such an act is also recognized as an unfavorable factor of sentencing, such as the fact that the nature of the crime is very spawn and bad, that the victim has suffered a big mental or physical pain and impulse, and that it seems that the victim may be adversely affected in the formation of a sound sexual values and normal growth in the future. Nevertheless, the defendant did not take any particular measures to recover the damage, and that the victim's mother and the victim's mother want to punish the defendant.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the sentence of the first instance court is deemed reasonable and too.