Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. It is unreasonable for the lower court to punish the Defendant and the person subject to a request to attach an electronic device (hereinafter “Defendant”) for a period of five years of probation (five years of imprisonment with prison labor, five years of probation, 200 hours of community service, 120 hours of sexual violence therapy, and confirmation as to whether probation is complied with) as a summary of the grounds for appeal by the Defendant and the person subject to a request to attach an electronic device (hereinafter “Defendant”).

B. The prosecutor (1) the lower court’s sentence is too unjustifiable and unjust.

(2) It is unreasonable for the court below to dismiss the request for attachment order even if the defendant's improper rejection of attachment order is found to pose a risk of recidivism.

2. Determination

A. We examine the Defendant and the Prosecutor’s assertion together.

There are favorable circumstances for the defendant, such as the confession of the crime of this case and the mistake against the defendant, the defendant has no record of punishment for the same crime, and the defendant has agreed with the victim.

Meanwhile, there are circumstances unfavorable to the Defendant, such as the fact that the Defendant committed an indecent act by force against the victim, who is de facto bushel’s father, on several occasions, and that the victim was physically shocked and that the Defendant was punished for suspended execution on two occasions in the past.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, it is not recognized that the Defendant’s punishment imposed by the lower court is too heavy or unreasonable, and an order to attach an electronic tracking device for five years to verify whether the matters to be observed on probation are complied with.

Therefore, this part of the defendant and prosecutor's argument is without merit.

B. The court below’s determination that the Defendant’s request for attachment order should be dismissed in cases where the Defendant sentenced to a suspended sentence, to the extent that it is adequate to impose a suspended sentence.