The defendant's appeal is dismissed.

1. The first instance court found the Defendant guilty of indecent act by force against a female victim under the age of 13 and sentenced the Defendant to two years and six months, and dismissed the prosecutor’s request for attachment order.

On this ground, only the defendant appealed from the judgment of the court of first instance on the ground of unfair sentencing, and the part requesting an attachment order among the judgment of the court of first instance does not have interest

(See Supreme Court Decision 82Do2476 delivered on December 14, 1982). Therefore, notwithstanding Article 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part requesting an attachment order is excluded within the scope of the trial of this court. Thus, the scope of the trial of this court is limited to the remaining part except the part requesting an attachment order among the judgment of the court of first instance.

2. The punishment sentenced by the first instance court to the summary of the grounds for appeal (two years and six months of imprisonment) shall be too unreasonable; and

3. Determination is recognized as a favorable sentencing factor, such as the fact that the defendant recognized the crime of this case as well as the fact that the victim does not want the punishment of the defendant, that the victim suffers from the highest depression, that the wife and two children are suffering from livering, that he suffers from livering, and that there is no history of punishment for sexual crimes.

However, even though the defendant was sentenced to a suspended sentence of six months due to the crime of violation of the Punishment of Violences, etc. Act (Intimidation by collective weapons, etc.) in the Jinwon District Court on September 26, 2012, the defendant committed an indecent act by force against ageed victims, and the defendant is also recognized as a disadvantageous sentencing factor such as the fact that he committed the crime of this case during the suspended sentence period, which is highly likely to be subject to criticism.

The above sentencing factors and Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, and the means and consequence of the instant crime.