The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The sentence that the lower court sentenced to the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (a punishment of imprisonment for three years, a suspended sentence of four years, a observation of protection, and an order to attend a lecture) is too unfluent and unreasonable.

B. It is improper for the court below to dismiss the attachment order to issue a suspended sentence to the defendant and dismiss the request for attachment order.

2. Determination

A. As to the wrongful assertion of sentencing, the crime of this case is an unfavorable circumstance to the defendant, in collusion with C, that the defendant has sexual intercourse with the victim who has a mental disorder in the public toilet in the middle of the trial by force, and the nature of the crime is not good and the victim is not responsible, and the victim seems to have suffered any mental shock and pain that cannot be found due to the crime of this case, and there is a history that the defendant had previously been dismissed by the prosecution due to the attempted quasi-rape even if he had previously committed the crime

However, the circumstances are favorable to the defendant, such as the fact that the defendant is divided and reflected, the victim agreed with the defendant and does not want to punish the defendant, the fact that C, an accomplice, appears to have committed the crime of this case led by C, the defendant is a disabled person of class 3 with intellectual disability, the defendant has no history of punishment, the mother of the defendant is leading the defendant.

When considering the above circumstances, such as the Defendant’s age, character and conduct, environment, background and consequence of the crime, and the circumstances after the crime, the sentencing of the lower court exceeded the reasonable scope of discretion.

As there is no change in sentencing conditions that can be deemed unfair to maintain the sentencing of the court below as it is, the sentence imposed by the court below is too unfortunate and unreasonable.

This part of the prosecutor's argument is without merit.

(b)with respect to the wrongful argument that the attachment order is dismissed, the protection observation for specific criminal offenders and the attachment of an electronic device.