The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

1. Summary of the prosecutor's grounds for appeal;

A. It is unreasonable that the lower court’s sentence imposed on the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) (a notice of disclosure of information for four months of imprisonment, one year of suspended execution, one year of probation, one year of probation, and one year) is too uneasible.

B. In light of the fact that the Defendant committed a sexual crime against the same-sex victims in a public bath room where both the Defendant’s past crimes and the instant crimes were committed, and the Defendant committed the instant crime while being tried for a sexual crime, the risk of recidivism is recognized.

Therefore, it is unreasonable for the court below to dismiss the request for the attachment order of this case.

2. Determination

A. The defendant in the part of the defendant's case is a disabled person of Grade I with hearing language disability, and there is no record of punishment heavier than a fine, and the degree of indecent act is not heavier than that of a fine, which is favorable to the defendant.

However, the crime of this case is deemed unfair by taking into account the following circumstances: (a) the Defendant was able to put the fingers into the victim’s panty in a public bath room; and (b) the Defendant committed an indecent act against a person locked in a public bath room on November 29, 201; and (c) the Defendant again committed the same veterinary act among the attempts to be tried by the said crime; and (d) other factors of sentencing, such as the Defendant’s age, character and behavior, environment, motive, means and method of the crime, and circumstances after the crime, etc., the lower court’s punishment is deemed unreasonable.

Therefore, the prosecutor's above assertion is justified.

B. According to Article 9(4)4 of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, a request for an attachment order shall be dismissed when a suspended sentence is imposed with respect to a specific crime case. The defendant shall be sentenced to a suspended sentence in consideration of the favorable circumstances as seen earlier, and the probation shall be ordered.