The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The sentence (two years and six months of imprisonment and three years of suspended execution) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter referred to as the “Defendant”) is deemed to be too uneasible and unfair.

B. The lower court dismissed the Defendant’s request to attach an attachment order, despite the Defendant’s wrongful assertion that the attachment order was dismissed and the risk of recidivism was recognized.

2. Determination

A. In this case, the defendant's assertion of unfair sentencing in the defendant's case is an indecent act by deceiving the chest of his father of a de facto marriage spouse, who was diving at his house, in light of the crime method and degree of damage, etc., the crime's nature is very poor, and the victim's 16 years old sexual impulse and suffering seems to have suffered considerable mental impulses and pain, etc. are disadvantageous to the defendant.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant has recognized all of the mistakes and reflects the depth of the defendant, that the defendant seems to have committed a contingent crime by drinking, that the defendant has withdrawn the victim's complaint by committing the crime against the victim and his mother C, and that the defendant does not want the punishment against the defendant. Even after this case, the defendant lives in a family like the victim and has to support his family together with other children, and that the defendant has no previous conviction or fine heavier than the victim's previous conviction or fine.

In addition, various conditions of sentencing such as the defendant's age, criminal records, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime, the sentencing guidelines of the Sentencing Committee of the Supreme Court and the criteria for sentencing of sexual crimes on the basis of suspended execution [the criteria for sentencing] of the crime of indecent act by force (the subject of 13 years of age or older) and the criteria for sentencing of the crime of indecent act by force (the subject of 13 years of age or older): The mitigated factors of punishment [the scope of recommendation], the mitigated range of punishment [the subject of 1 year or