The judgment below

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

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

1. Summary of the prosecutor's grounds for appeal;

A. It is unreasonable that the lower court’s sentence (one year of imprisonment, two years of suspended sentence, 80 hours of community service order, and 40 hours of order to attend a lecture) imposed by the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”).

B. It is unreasonable for the lower court to dismiss the request for the attachment order of this case, even if the lower court acknowledged the risk of recidivism in light of the following: (a) the lower court committed a crime by giving an opportunity for her aged victims to board the apartment elevator and committed the same type of crime twice.

2. Determination

A. The part of the defendant's case is that the defendant recognized all criminal facts and divided his mistake, agreed with the victim D, and it is favorable to the defendant that there is no past record of criminal punishment.

However, the crime of this case was committed on two occasions by the defendant, which committed an indecent act against the aged victims in apartment elevator, and the quality of the crime is not good, and the defendant was compelled to commit an indecent act, such as self-defense, in the victim's side, and taking into account various sentencing conditions as shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive, means and method of the crime, and circumstances after the crime, etc., the court below's punishment is deemed unfair, and thus, the prosecutor's above assertion is reasonable.

B. According to Article 9(4)4 of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, the request for an attachment order shall be dismissed when a suspended sentence is imposed on a specific crime case.

In this case, since the court ordered the suspension of execution against the defendant, the request for attachment order against the defendant must be dismissed in accordance with the above provision.

Therefore, this part of the prosecutor's argument is without merit.

3. In conclusion, the prosecutor’s appeal regarding the claim for attachment order among the judgment below is without merit.