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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In the part of the Defendant case, the sentence imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”), (the order to complete the sexual assault treatment curriculum for a fine of twenty million won, and forty hours) is deemed too uneasy and unreasonable.
B. It is improper for the court below to dismiss the request for attachment order even if the risk of recidivism was high in the part of the request for attachment order.
2. Determination
A. We examine the part of the case of the defendant, and the crime of this case committed by the defendant. The defendant committed an indecent act by force against the defendant under the age of 8 on the grounds as stated in the facts constituting the crime in the judgment below. In light of the motive, circumstance, contents, means and method of the crime, etc., the nature of the crime is not less than that of the defendant, and even though the crime of this case committed by the defendant, it appears that the defendant had a significant shock with the victim, the defendant did not take sufficient measures for the agreement or full recovery of damage until now. However, although the defendant stated that his mistake was divided in most of the crimes of this case, the defendant did not focus on the degree of indecent act against the victim of this case and the degree of type accompanied by it, the defendant did not have a same criminal record, and there was no previous criminal record as well as imprisonment without prison labor or heavier punishment, the defendant's family relation, personality and behavior, the motive, method and method of the crime of this case, the defendant's motive and circumstance, etc. are hard to find the above circumstances of sentencing.
B. The prosecutor in charge of the request for an attachment order shall apply to the defendant with a minor identification card and the risk assessment scheme of a sex offender in Korea (K-SSAS).