The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The lower court’s punishment on the part of the Defendant case is too unfasible and unreasonable. 2) It is unreasonable for the lower court to dismiss the Defendant’s request for attachment order of a location tracking device despite the risk of recommitting sexual crimes.

2. Determination

A. The instant crime of determining the allegation of unfair sentencing by the Defendant and the prosecutor is an unfavorable circumstance to the Defendant, where the Defendant had sexual humiliationd against the victim’s chest, who was a juvenile living alone, and indecent act by compulsion. The Defendant appears to have undergone a considerable sense of sexual humiliation in the instant crime against the victim under the age of 14 years at an open place, and re-offendered without being able to do so for a violent crime at all during the period of repeated offense.

The fact that the degree of force used by the defendant is weak, the confession of the crime and the reflection of the crime are favorable to the defendant.

In addition, in full view of all the sentencing conditions shown in the arguments of this case, including the defendant's age, character and conduct, environment, motive and background of the crime of this case, means and methods of the crime, and circumstances before and after the crime, etc., the court below's punishment is deemed to be too unreasonable, and thus, this part of the defendant's assertion is reasonable and without merit.

B. In light of the relevant provisions of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders regarding the part regarding the request for attachment order, where the judgment of the court below is unlawful and the part concerning the prosecuted case among the judgment below is reversed, the part concerning the request for attachment order which should be examined together with the judgment of the court below shall not be reversed.

(see, e.g., Supreme Court Decision 2012Do5291, 2012 Jeondo112, Jun. 28, 2012).3.