A. The sentence of the lower court on the Defendant and the person against whom an order to attach an electronic device was requested (hereinafter referred to as “Defendant”) is unreasonable as it is too uneasible to the sentence of the lower court (two years and six months of imprisonment, three years of suspended execution, and forty hours of taking the sexual assault treatment course).

B. It is improper for the lower court to dismiss the Defendant’s request for an attachment order even if the request for an attachment order was dismissed due to high risk of unfair recidivism.

2. Determination

가. 양형부당 주장에 관한 판단 이 사건은 피고인이 사실혼 관계에 있는 처의 딸에게 ‘브래지어를 착용하라.’고 하면서 가슴을 움켜쥔 것으로, 사실상 친족관계에 있던 피해자에게 상당한 성적 수치심을 초래한 것으로 보이는 점, 범행횟수가 3회에 이르는 점, 피해자가 11세에 불과한 나이 어린 아동ㆍ청소년인 점 등은 피고인에게 불리한 정상이다.

On the other hand, the extent of the instant indecent act is not so severe, the Defendant supports the victim’s family in a de facto marital relationship with D, the mother of the victim, and around September 2010. Even after the instant crime, the Defendant resides separately with D, etc. in the sense that he supports the victim’s family’s livelihood and lives for the victim, there is no criminal history against the Defendant, and the victim and his family members do not want the Defendant’s punishment by mutual consent with the victim, etc. are favorable to the Defendant.

In addition, various conditions of sentencing, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime, etc., and the general criteria for sentencing guidelines of the Supreme Court Decision on Sex Offenses 1, 2, and 3 crimes (the decision of type) are the crime of indecent act by force (the subject of age 13) by blood relatives / special indecent act by force, such as indecent act by force or influence of residence: Where the degree of indecent act is weak, the victim who is vulnerable to the crime is not punished.