A. The lower court’s sentencing (one year and six months of imprisonment, and three years of suspended execution) in the part of the Defendant’s case is deemed to be too untile and unfair.

B. It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order against the Defendant even though the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) have sufficient grounds to sentence imprisonment and the risk of recidivism.

2. Determination

A. In light of the fact that the Defendant’s judgment on the part of the Defendant’s case committed an indecent act by compulsion against the female under the age of 17 without suppressing his sexual desire, even though he committed a sex offense in around 200 and was sentenced to imprisonment for a long time, and thus attached to the location tracking device, it is necessary to punish the female under the age of 17.

However, there are circumstances favorable to the defendant, such as the fact that the degree of coercion or indecent act exercised by the defendant in this case is relatively not more severe, that all of the crimes are recognized and reflected, and that the victim does not want the punishment of the defendant by mutual consent with the victim and his/her guardian.

Considering such circumstances, the lower court’s suspended sentence of punishment is deemed unreasonable because the sentencing of the lower court, which was deferred on the condition that the community service order and the order to attend lectures are added, is deemed unreasonable. Therefore, this part of the Prosecutor’s assertion is without merit.

B. According to Article 9(4)4 and Article 28(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as to the part of a case involving an attachment order, the court shall dismiss a request for the attachment order when it declares the suspension of the execution of a specific crime case: Provided, That when it issues a probation order while suspending the execution of a sentence, it may issue an order to attach an electronic device to verify whether the matters to be observed are complied with.

As seen above, the court sentenced the suspension of execution against the defendant.