A. The sentence imposed by the court below (such as a penalty amount of KRW 5,00,000) against the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") is too unfluent and unfair.

B. It is unreasonable for the court below to dismiss the request for attachment order of this case since the defendant's rejection of the request for attachment order is recognized to pose a risk of reoffending

2. Determination

A. As to the wrongful assertion of sentencing, the Defendant was sentenced to a suspended sentence of one year and six months for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse on August 22, 2014, and again committed the instant crime during the suspended sentence of three years, and did not reach an agreement with the victim.

However, in light of the following: (a) the Defendant recognized the instant crime; (b) the instant crime was committed against the Defendant; (c) the degree of the use of force was relatively minor; (d) the Defendant appears to repeat the same crime under the mental and physical weakness due to complication, etc.; (b) the Defendant’s parents continued medical treatment, protection, and supervision to prevent recidivism; and (c) the Defendant’s age, sexual behavior, family environment, motive and background of the crime; (d) the means and consequence of the crime; and (e) various sentencing conditions in the pleadings of the instant case, such as the circumstances before and after the crime, etc., the sentence of the lower court is too unjustifiable and thus, cannot be deemed unfair.

Therefore, the prosecutor's improper argument of sentencing is without merit.

B. According to Article 9(4)3 of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., when a fine is imposed on a specific crime case, the request for the attachment order shall be ruled dismissed. The lower court sentenced the Defendant to a fine, and as seen earlier, determined that the sentencing of the lower court is appropriate, the request for the attachment order of this case is filed.