The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions of the Defendant’s instant case, the sentence imposed by the lower court on the Defendant (two years of imprisonment, three years of suspended execution, one hundred and twenty hours of community service, eight hours of sexual assault treatment, and the disclosure and notification for two years) is too uneasible.

B. In light of the background and method of the crime, etc., it is unreasonable for the lower court to dismiss the Defendant’s request to attach an attachment order against the victim of 16 years of age with a intellectual disability.

2. Determination

A. The part of the defendant's case is that the defendant has sexual intercourses or commits indecent acts against a victim who falls short of the ability to judge due to intellectual disability, and thus, the crime is not weak.

However, in light of the following factors: (a) the degree of the type of punishment used by the Defendant in committing each of the instant crimes appears to be minor; (b) the Defendant also has an impediment to “level of mental retardation” as a result of the examination of social well-being; (c) the victim expressed his/her intention not to punish the Defendant by mutual consent with the Defendant; and (d) the Defendant’s previous conviction and the absence of such previous convictions other than a single fine; and (c) other factors of sentencing as indicated in the pleadings, such as the Defendant’s age, character and conduct, motive, means, consequence, and circumstances after the crime, etc., the sentence imposed by the lower court does not seem to be unfair because it is too unreasonable as it is within the appropriate scope

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

B. According to Article 9(4)4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the part of the case for which the request for attachment order is made, when a suspended sentence is sentenced with respect to a specific crime case, it is necessary to confirm whether the matters to be observed are being observed while issuing a probation order.