The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the grounds of unreasonable sentencing (such as a fine of KRW 15 million) is too unhued and unreasonable.

B. The judgment of the court below that dismissed the request for attachment order since the defendant's rejection of the attachment order is recognized to pose a risk of recidivism.

3. Determination

A. The crime of this case acknowledged by evidence, evidence, rules of evidence, and legal principles on the assertion of unfair sentencing is acknowledged as an unfavorable sentencing factor or objective and neutral sentencing factor, such as that the defendant committed an indecent act by force on the victim with disabilities (or the victim in 1989), and that the crime of this case appears to have suffered a large mental pain and suffering from the victim due to the crime of this case.

However, it is also recognized that there are favorable sentencing factors or objective and neutral sentencing factors, such as the fact that the defendant has a repeated crime, but is not the criminal record of the same kind, that the defendant confessions the crime and reflects the mistake, that it is difficult to see that the victim's power is very heavy, and that the victim has submitted a written agreement at the court below (However, the victim, after the closing of argument in the court below, submitted a written opinion to the effect that he wishes to punish the defendant). The defendant and the victim continue camping in the valley together with other adults even after the crime of this case, that the defendant support his wife and children aged 1, and that the detention of the defendant entails excessive difficulty to his dependents.

The aforementioned factors of sentencing and sentencing, sentencing guidelines, Defendant’s age, character and conduct, intelligence and environment, motive and background leading to each of the instant crimes, the means and consequence of the instant crimes, as well as circumstances after the commission of the crime, and the statutory penalty for the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a limited term of at least one year or a fine of at least 10 million won but not exceeding 30 million won) and the punishment of sexual crimes.