A. In the part of the Defendant case, the lower court’s punishment (fine 10 million won) is too unhued and unreasonable.

B. It is unreasonable to dismiss the Defendant’s request for attachment order even if the need to attach an electronic tracking device is recognized, considering the risk of recidivism committed by the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”).

2. Determination

A. Considering the fact that part of the Defendant case was sentenced to a suspended sentence of imprisonment due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse on August 17, 2012, and that the Defendant committed the instant crime, which is the same kind of crime at the expiration of 16 days, strict punishment against the Defendant is required.

However, considering the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too unjustifiable, and thus, the prosecutor's above assertion is without merit, since the defendant's punishment is too unreasonable, considering the following factors: the degree of the indecent act in this case is relatively minor and the victim and the victim agreed smoothly; the defendant's age, character and environment, motive, means and consequence of the crime; and the conditions of sentencing specified in the argument in this case, such as circumstances after the crime.

B. In imposing a fine on the Defendant regarding the criminal facts stated in the lower judgment, the lower court dismissed the prosecutor’s request to attach an attachment order pursuant to Article 9(4)3 of the former Act on the Electronic Monitoring, etc. of Specific Criminal Offenders (amended by Act No. 11558, Dec. 18, 2012; Act No. 11558, Dec. 18, 2012). As long as the lower court’s punishment is maintained, the lower court’s determination is justifiable, and thus, the Prosecutor’s allegation in this part is without merit

3. Accordingly, the Prosecutor’s appeal is without merit, and thus, Article 364(4) of the Criminal Procedure Act and the Act on Probation and Electronic Monitoring of Specific Criminal Offenders.