A. Improper sentencing of the lower court is deemed unreasonable.

B. It is unreasonable for the court below to dismiss the request for the attachment order of this case, even though the defendant and the requester for the attachment order of this case (hereinafter the defendant) committed sexual crimes two or more times and the recidivism risk is acknowledged.

2. Determination

A. In light of the fact that the Defendant committed an indecent act by taking advantage of the physical and mental loss or the state of resistance impossibility in making soup, the crime of this case as to the unfair argument of sentencing is deemed an indecent act by the Defendant, and the nature of the crime is not good, and the Defendant has the same criminal history, strict punishment against the Defendant is required.

However, in light of the following: (a) the Defendant’s mistake is divided and contradictory to the Defendant; (b) the Defendant did not reach an agreement with the victim; (c) the Defendant submitted a written application to the Defendant that the Defendant was the Defendant’s wife in consideration of the Defendant’s age, mental and medical history when the Defendant was in the first instance trial; (d) the Defendant was sentenced to an order to attend a lecture, protection observation and treatment along with a stay of execution of imprisonment; (e) the degree of indecent act in the instant case; (e) the Defendant’s age, sex and environment; (e) the motive, means and consequence of the crime; and (e) the conditions of sentencing specified in the instant argument, such as the Defendant’s motive, means and consequence after the crime; and (e) the scope of recommended sentencing guidelines set forth in the sentencing guidelines of the Sentencing Commission

B. According to Articles 9(4)4 and 28(1) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. (hereinafter “Electronic Devices Attachment Act”), a request for an attachment order shall be dismissed when a court declares the suspension of execution with respect to a specific crime case. However, a sentence shall be executed against a specific criminal offender.