The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the misconception of facts and misapprehension of legal principles, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) committed an indecent act against the victim D by deceptive means and force, and the Defendant sufficiently recognizes the sexual intercourse, and the Defendant, despite the risk of recommitting sexual crimes, acquitted all the facts charged by the first instance court on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act, Minor, etc. under thirteen years of age) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act, Minor, etc. under thirteen years of age) and dismissed the prosecutor’s request for attachment order of an electronic tracking device

B. The sentence sentenced by the first instance court of unfair sentencing (two years of suspended sentence in six months of imprisonment) is too uneasy and unfair.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the first instance court, under the title of "not guilty part" in the first instance judgment, determined that the charges of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, Minors under the age of 13) and violation of the Act on Special Cases Concerning the Punishment, etc. of Crimes of Sexual Crimes (competence of minors under the age of 13) constitute a case where there is no proof of a crime because the evidence submitted by the prosecutor alone proves that the above charges were true

In a thorough examination of the records of the evidence in this case, the first instance court is justified in holding that the defendant is not guilty of charges of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, etc. against Minors under the age of 13) and violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, etc. against Minors under the age of 13) on the basis of the judgment, etc. on the evidence in this case, and even if the witness in