The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions in the part of the Defendant case, the lower court’s punishment (two years and six months of imprisonment, three years of suspended execution, and forty hours of probation and sexual assault treatment programs) is deemed too uneasy and unreasonable.

B. In light of the content of the crime of this case committed by the victim by intrusion upon the victim’s residence and by force, the criminal record that the defendant was punished for a similar crime, the risk of recidivism, etc., the necessity of attaching an electronic device is recognized to the defendant and the person who requested the attachment order (hereinafter “the defendant”)

Therefore, the judgment of the court below which dismissed the defendant's request for attachment order, is erroneous in the misapprehension of facts as to the risk of recidivism in the attachment order.

2. Examining the various sentencing conditions of this case regarding the part of the defendant's case, the crime of this case is likely to be committed in a number of circumstances unfavorable to the defendant, such as the following: (a) the defendant invadeds on the victim's residence and machiscule with the victim who returned home; (b) induced the victim to machiscule with the chest and sound part; and (c) in the case of the crime of intrusion upon residence, the nature of the crime is poor in terms of high possibility of development of other crimes; and (d) the victim seems to have suffered considerable mental shock by being forced by indecent act by the defendant who intruded on the victim's own residence,

However, there are circumstances favorable to the defendant, such as the fact that the defendant committed the crime of this case, and the defendant is divided his mistake, and appears to reflect his depth, and that the victim does not want punishment by mutual consent with the victim, and that the defendant seems to have a possibility of edification and improvement at a relatively young age that is relatively young.

The above factors of sentencing are unfavorable or favorable to the defendant, and the court below's imprisonment with prison labor of two years and six months.