The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The sentence (one year and six months of imprisonment, and three years of suspended execution) imposed on the Defendant and the person for whom the order to attach an electronic device was requested or the person for whom the order to attach an electronic device was requested (hereinafter “defendants”) was requested is too uneasible.

B. The lower court dismissed the Defendant’s request for an attachment order and a probation order on the ground that the Defendant is subject to a suspended sentence, but the Defendant is sentenced to imprisonment and the Defendant is likely to recommit a sexual crime. Therefore, the lower court’s dismissal of each of the above requests is unreasonable. In so doing, it erred by misapprehending the legal doctrine that the lower court dismissed the Defendant’s request for an attachment order and a probation order solely on the ground that the Defendant was sentenced to a suspended sentence, as stipulated in Article 28 of the Act on the Electronic Monitoring, etc. of Electronic Devices (hereinafter “Electronic Equipment Monitoring Act”) even if the Defendant was sentenced to a suspended sentence, it

2. Determination

A. The Defendant committed the crime of indecent act by compulsion and assault against the disabled, which is vulnerable to the crime.

Due to the defendant's indecent act by compulsion, the victim seems to have a little sense of sexual humiliation and mental suffering.

The crime is not good because the defendant assaults a victim who resisted against indecent acts by force.

The defendant was unable to receive suspicion from the victim.

However, the defendant shows his attitude to recognize all crimes and reflect in depth.

The crime of indecent act by compulsion was committed by the defendant on the clothes of the same-sex victim at one time, and the crime of assault was committed on the floor by pushing the victim's chest, and the degree of the crime is relatively limited.

Although the defendant tried to agree with the victim, it has not reached an agreement because the victim's residence, etc. was not specified.