The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment, four years of suspended execution, etc.) is deemed to be too unhued and unfair.

2. Determination

A. In the part of the Defendant case, the crime of this case was committed by the Defendant and the person who requested an attachment order, or the person who requested a probation order (hereinafter “Defendant”) against the victim, who is the father of the married spouse, committed indecent act and committed physical abuse. The nature and circumstances of the crime are heavy.

The crime of this case seems to have suffered a considerable sense of sexual humiliation and physical suffering, and it seems to have been adversely affected to form a sound sexual identity or values.

However, with respect to the crime of violation of the Child Welfare Act, the defendant's mistake was recognized in the first instance, and there is no criminal conviction against the defendant.

In the sentencing investigation of the court below, the victim expressed his/her intention that "I would not want to punish the defendant, such as sending him/her to the prison, but would have his/her service and education against him/her."

It seems that the victim has been playing in amusement park along with the defendant during the trial of the trial of the party, and the defendant has recovered the relation with the defendant, such as sending the defendant's letter to the effect that "the person who is forgotten and well forgotten with the salute" is "the person who is well forgotten with the salute."

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, various sentencing conditions as shown in the instant records and arguments, and the scope of recommended sentences according to the sentencing guidelines, such as the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

(b) The part of the case for which the request for attachment order and the request for probation order are filed shall also be the case for which the request for attachment order and the request for probation order are filed under Articles 9 (8) and 21-8 of the Act on the Electronic Monitoring, etc. of Electronic