The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unhued and unreasonable.

2. The judgment has a tension in light of the following circumstances: (a) the Defendant repeatedly undermines the utility of the electronic device during the period of the same repeated offense and repeatedly violates the rules to observe the protection and observation; (b) the Defendant’s repeated crime is likely to result from an in-depth attitude due to social adaptation, health problems, living conditions, etc. rather than for re-offending; (c) the protection observation office requests an investigation along with the instant crime to determine the sentence simultaneously with a separate crime for which six months have become final and conclusive; and (d) the Defendant’s age, sex, sex behavior, environment, health, motive, means and consequence of the crime; and (e) taking into account all the sentencing conditions, such as the circumstances after the crime, it cannot be said that the sentence of the lower court is unfair as it is too uneasy.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

[2] However, since there are some omissions, errors, or errors in the application column of the law in the judgment of the court below, the following changes are made ex officio in accordance with Article 25 of the Regulations on Criminal Procedure.

“The Government”

1. Article 38 and Article 14(1) of the Act on the Protection and Observation, etc. of Specific Criminal Offenders, Article 39(2) of the Act on the Protection and Monitoring, etc. of Electronic Devices, Article 32(2) of the Act on the Protection and Observation, etc. of Specific Criminal Offenders, Article 32 of the Act on the Protection and Observation, etc. of Electronic Devices (a violation of any of the matters to be observed);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (defluence to the utility of electronic devices) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. (defluence to the utility of electronic devices) on February 9, 2016.