The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The sentence of the Defendant’s case (unfair sentencing) sentenced by the lower court to the Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”) (three years of imprisonment, four years of suspended execution, and forty hours of order to attend a course) is deemed too unfasible and unreasonable.

B. It is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case even though the Defendant is likely to recommit a sexual crime.

2. An unfavorable circumstance to the judgment on the Defendant’s instant case - The case is a bad one that commits an indecent act by deceiving the victim’s negative part, chest, etc. who has a disability of class 2 in brain disease twice.

Recognizing favorable circumstances - The instant crime is recognized and reflected.

- It is an initial offender who has no record of criminal punishment.

- The injured party does not want to be punished by the defendant by mutual agreement with the injured party.

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 법률상 처단형의 범위 : 징역 3년 ~ 45년 ◈ 양형기준에 따른 권고 형량의 범위

(a) Offenses of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Forced Persons with Disabilities) [Determinations] Group of Sex Offenses, General Criteria, Disabled Persons (At least 13 years old), Sex Offenses against Persons with Disabilities (at least 13 years old), Type 2 (Specially Sentencing Persons): Reduction element of Punishment not [the recommended territory and the scope of the recommended punishment]: Imprisonment with prison labor for one year and six months or three years;

B. Scope of recommended punishment after applying the standards for handling multiple concurrent crimes: three to five years [the three years] of imprisonment; 1/2 (3 years x 1/2) and 1/3 (3 years x 1/3) of the upper limit of the scope of punishment for the first concurrent crimes according to the standards for handling multiple concurrent crimes under the former part of Article 37 of the Criminal Act among the crimes for which the guidelines for sentencing are set; and the lower limit of the statutory penalty is set on the grounds that the upper limit of the punishment is lower than the lower limit of the statutory penalty.