The judgment below

The part of the defendant's case shall be reversed.

Defendant shall be punished by a fine of 20 million won.

The defendant above.

1. Summary of grounds for appeal;

A. On the part of defendant's case: The judgment of the court below on the ground of unfair sentencing (the detention in a workhouse by converting a fine of 20 million won, and one million won, into one day) is too unhued and thus the determination of the sentence is unreasonable.

B. The risk of recidivism in the same part of the case requiring the attachment order of an electronic device is good.

Nevertheless, it is unreasonable for the lower court to dismiss the request for attachment order of electronic device.

2. Determination

A. As to the prosecutor’s assertion of unfair sentencing, the appellate court did not submit new data on sentencing unfavorable to the defendant, no particular change is made in comparison with that of the lower court.

Considering all the sentencing factors revealed in the trial of the appellate court, the sentence of the lower court does not seem to be too minor to the extent that it exceeds the reasonable scope of discretion of the court.

Therefore, the Prosecutor's argument on this part is rejected.

B. As seen earlier, it is reasonable that the lower court imposed a fine on the Defendant with respect to the part regarding the prosecutor’s request for attachment order.

Therefore, in accordance with Article 9 (4) 3 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, a request for attachment order of an electronic device must be dismissed.

Such judgment of the court below is just, and the prosecutor's allegation in this part is without merit.

3. Where an ex officio determination on an order of employment restriction is made pursuant to Articles 3 and 56(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; July 17, 2018); where a person is sentenced to a punishment due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes constituting sexual crimes (a minor under the age of 13), the court shall examine whether to issue an employment restriction order to the accused and the period thereof.

The defendant's age and occupation, relationship with the victim, background, means and method of the crime, and circumstances before and after the crime, including the fact that he/she has been subject to criminal punishment for the same crime.