The defendant and prosecutor's appeal are dismissed.

The prosecutor's request for an attachment order in the trial is dismissed.

1. Part of the defendant's case

A. The summary of the grounds for appeal is 1) The defendant and the person to whom the attachment order was requested (hereinafter referred to as "defendants") are referred to as "the defendant for convenience," and the sentence imposed by the court below is too unreasonable. 2) The sentence imposed by the court below by the public prosecutor is too uneasible and unfair.

B. Unfavorable circumstances - The Defendant, who was a juvenile, had sexual intercourse with the victim by taking advantage of the fact that the victim was in an insane condition.

Criminal quality is bad.

- The victim suffered mental or physical suffering, including a sense of sexual humiliation, due to the Defendant’s instant crime.

- The Defendant did not reach an agreement with the victim.

- The Defendant committed the instant crime without being aware of the fact that the Defendant was a repeated offender.

favorable circumstances - The defendant recognized the crime of this case and reflects it.

- The defendant has no record of punishment for a sexual crime.

Although the court below sentenced to a less than the recommended sentence (five to eight years of imprisonment) set by the Sentencing Committee of the Supreme Court, it cannot be deemed that the sentence is too heavy or unreasonable, in light of the above circumstances and other factors, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all the conditions of sentencing as shown in the oral argument, including the circumstances after the crime, etc.

The defendant and the prosecutor's arguments are not accepted.

2. Part on the case of request for attachment order

A. The summary of the claim is likely to have committed a sexual crime against a person under 19 years of age as stated in the facts constituting a crime in the judgment below and recommit a sexual crime.

B. The phrase “risk of recidivism of a sexual crime” under Article 5(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders is insufficient to prevent recidivism, and it is reasonable for a person who requests an attachment order to destroy legal peace by committing a sexual crime again in the future.