The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the court below's punishment (one year and six months of imprisonment, three years of suspended execution) is too unhued and unreasonable;

2. Determination

A. In light of the fact that the Defendant and the respondent for an attachment order (hereinafter “Defendant”) committed indecent acts against unspecified female students, and the nature of the crime is inferior, there is no effort to recover damage, and the shock that the victims suffered appears not to be small, the Defendant’s liability for the crime cannot be deemed to be somewhat weak.

However, taking into account the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant was the first offender; (c) the Defendant was the disabled of Grade III with intellectual disability; and (d) the Defendant’s age, character and conduct, intelligence and environment; and the motive, means and consequence of the instant crime; and (c) the circumstances after the instant crime, etc., the sentence imposed by the lower court cannot be deemed unfair because the sentence imposed by the Defendant is too unreasonable.

The prosecutor's assertion of unfair sentencing is without merit.

B. As long as the prosecutor filed an appeal against the prosecuted case, it is deemed that the case pertaining to the attachment order also filed an appeal pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, even if the prosecutor did not submit any grounds for appeal as to this part, it is not possible to find the grounds for reversal ex officio after examining the judgment of the court below.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that it is without merit. It is so decided as per Disposition.