The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable that the sentence (three months of imprisonment and four years of suspended execution) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “defendants”) is too uneasible.

In addition, in light of the background of the crime of this case, the relationship between the defendant and the victim, and the circumstances after the crime, etc., the court below dismissed the defendant's request for the attachment order of this case, even if the defendant is likely to repeat a sexual crime

2. The instant crime is a crime committed against a victim who is vulnerable to committing an indecent act against a victim under the age of 11 with mental retardation disorder, and thus, the victim seems to have been subject to mental shock, and the victim’s strict punishment is the victim.

However, in full view of all the factors of sentencing indicated in the pleadings, such as the Defendant’s personality and behavior, environment, motive, means, consequence, etc. of the crime, including the fact that the Defendant was under 87 years of age and was under poor health conditions, such as having difficulty in living together with dementia and receiving dementia rulings, according to the claim pre-written investigation, the risk of recidivism is “low” level, and there is no criminal force prior to the crime of this case, etc., and that there is no other criminal force prior to the crime of this case, etc., the sentence imposed by the lower court on the

Therefore, prosecutor's grounds of appeal on sentencing are without merit.

Meanwhile, according to Article 9(4)4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, when a suspended sentence is imposed with respect to a specific crime case, the request for an attachment order shall be dismissed in addition to the probation order to verify the implementation of the matters to be observed.

Although the court below ordered probation while suspending the execution against the defendant, it is not necessary to confirm the implementation of the matters to be observed by attaching an electronic device.