The prosecutor's appeal is dismissed.

1. Of the instant facts charged, the lower court rendered a judgment of conviction and dismissal of prosecution as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Indecent Act”), and rendered a judgment of dismissal of prosecution as to intimidation. As such, the prosecutor appealed on the guilty part only on the ground of unreasonable sentencing, the dismissed part of the lower judgment becomes final and conclusive and excluded from the scope

2. Summary of grounds for appeal;

A. The sentence (two years of imprisonment and six years of suspension of execution) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter referred to as the “Defendant”) is deemed unreasonable.

B. It is unreasonable for the lower court to dismiss the request for the attachment order of this case, even though the Defendant constitutes a person who is deemed likely to recommit a sexual crime, on the ground that he/she constitutes a person under the age of 19, since he/she committed a sexual crime two or more times, and committed a sexual crime against a person under the age of 19.

3. Determination

A. Each of the instant crimes on the assertion of unfair sentencing is an unfavorable circumstance against the Defendant, such as: (a) each of the instant crimes committed by the Defendant on the ground that he/she examined his/her own will; (b) committed an indecent act by using an opportunity to congested the victim, who is a female juvenile under 15 years of age; (c) taking the victim’s sexual organ as soon as possible; (d) taking the victim’s sexual organ by using mobile phone camera; (b) the criminal motive or method of committing the instant crime; (c) the gravity of the crime was heavy; (d) the occurrence of the victim’s sexual humiliation and mental shock; and (e) the fact that the Defendant had a record of receiving juvenile protective disposition due to the

On the other hand, the defendant confessions the crime from the court below and reflects the mistake, and each of the crimes of this case is at the time of the defendant.