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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The part of the Defendant case: The sentence of the lower court’s unfair sentencing (the completion of 4 months of imprisonment and 40 hours of sexual assault programs) is too uneased and unreasonable.
B. Since the part of the case where the attachment order is applied and the person who requested the attachment order (hereinafter “Defendant”) is deemed to have a substantial risk of recidivism, it is unreasonable for the lower court to dismiss the request for attachment order of an electronic device at its lower court.
2. Determination
A. As to the unfair argument of sentencing, there is no particular change in the sentencing conditions compared with the original judgment on the grounds that new materials for sentencing have not been submitted at the appellate court.
Comprehensively taking account of all the factors revealed in the proceedings of the instant case’s sentencing, the lower court’s punishment is too unhued and does not seem to have exceeded the reasonable scope of discretion.
Therefore, this part of the prosecutor's argument is without merit.
B. According to the evidence duly admitted and examined by the court below as to the rejection of the attachment order, all of the circumstances acknowledged in the judgment of the court below as to the request for attachment order among the grounds of the judgment below are just and acceptable, and in light of the circumstance of recognition, etc., the evidence submitted by the prosecutor alone is highly probable that the defendant may injure the peace of crime by committing a sex crime again in the future.
As such, the judgment of the court below to the same purport is just, and the prosecutor's allegation in this part is without merit.
3. The appeal by the prosecutor of conclusion is dismissed for lack of reason.