The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The part of the case by the Defendant: The sentence of the lower court (two years and six months of imprisonment, three years of suspended execution, three years of probation, and observation of protection) against the Defendant and the person against whom the order to attach an electronic device was requested (hereinafter “Defendant”), which is improper as it is too unfasible.

B. The lower court’s dismissal of the Defendant’s request for an attachment order by an electronic tracking device against the location of the Defendant is unlawful, inasmuch as the Defendant has a strong wall to commit a sexual crime against the disadvantaged and is highly likely to repeat a sexual crime.

2. Determination

A. As for the unfair argument of sentencing, the appellate court did not submit new data on sentencing, the conditions of sentencing do not change in comparison with the original judgment.

In addition, comprehensively taking account of all the factors revealed in the proceedings of the instant case’s sentencing, the lower court’s punishment is too unhutiled and does not seem to have exceeded the reasonable scope of discretion.

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

B. As to the part of the request for attachment order, the term “risk of recidivism of a sexual crime” under Article 5(1) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Devices Attachment Act”) means a probable probability that a person who requests attachment order may injure the legal peace by committing a sexual crime again in the future.

In addition, Article 5 (1) 3 of the Electronic Devices Installation Act refers to any brush and tendency of a criminal, and it does not constitute the nature of the act, but refers to the character that constitutes the character of the criminal (see Supreme Court Decision 201Do82, Sept. 29, 201, etc.). According to the evidence adopted and examined by the court below, a number of circumstances recognized by the court below in its reasoning (as part of the judgment of the court below regarding the request for attachment order as to the request for attachment order, the sentence shall be executed against the defendant as one of the main reasons to dismiss the request for attachment order.