The defendants and the respondent for attachment order and the prosecutor's appeal are all dismissed.

Of the judgment of the court below, the decision of the court below.

1. Summary of grounds for appeal;

A. The lower court’s punishment (the Defendant A: 4 years of imprisonment, Defendant B: 3 years of imprisonment) against the Defendants and the person subject to the request for the attachment order (hereinafter “defendants”) is too unreasonable.

B. Prosecutor 1) The lower court’s punishment against the Defendants on the part of the Defendant case is too unfasible and unreasonable. 2) The lower court’s dismissal of the Defendants’ request for attachment order of an electronic tracking device, even though the risk of recidivism against sexual crimes in the part of the attachment order case is recognized.

2. Determination

A. Each of the instant crimes against the Defendants and the prosecutor’s assertion of unfair sentencing is that the Defendants committed sexual intercourse and indecent act on several occasions, which is a juvenile with intellectual disability, and the nature of the crime is very poor in that they committed the crime in order to satisfy their own sexual desire. However, the Defendants did not have any history of punishment for the same crime; Defendant B did not agree with the victim and his/her legal representative; Defendant B is in profoundly against the mistake; and in light of all of the sentencing conditions of the instant case, including the Defendants’ age, character and behavior, environment, circumstances and consequence of the crime, degree of damage, and circumstances after the crime, etc., the punishment imposed by the lower court is too heavy or unreasonable, and thus, the Defendants and the prosecutor’s assertion of unfair sentencing is without merit.

B. The lower court’s determination as to the prosecutor’s assertion regarding the prosecutor’s attachment order. According to the prosecutor’s written report prior to the claim, the results of the application of K-SORAS to Defendant A of the Korea sex offender risk assessment (K-SOAS) are the middle level, and the results of the evaluation of the PC-R’s selective design (PCL-R) for mentally ill persons are the middle level, 20 points in total, and the results of the application of the Korea sex offender risk assessment scheme (KS-SAS) to Defendant B are the middle level.