The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Part of the Defendant case (1) The lower court’s punishment (two years and six months of imprisonment, five years of disclosure and notification order, and forty hours of sexual assault treatment lectures) against the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) is too unreasonable.

(2) The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

B. A defendant has a risk of repeating a sex crime against a part of an attachment order case.

It is improper that the court below dismissed the defendant's request for an attachment order against the defendant.

2. Determination

A. The part of the Defendant case committed the crime of indecent act by compulsion against the victims who are only seven years of age, and the nature of the crime is not weak, and the victims seem to have suffered mental shock.

However, in full view of all the circumstances such as the character and conduct, family relationship, details and result of the crime, etc. of the defendant, the punishment of the court below against the defendant is somewhat heavy, taking into account that there is no history of criminal punishment other than the punishment of a fine of KRW 300,000,00 for the violation of the Punishment of Violences, etc. Act in 195.

Therefore, the above argument of the defendant is reasonable, and the prosecutor's above argument is without merit.

B. (1) Article 9(5) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”) provides that a judgment on the case of a request for attachment order shall be rendered concurrently with the judgment on the specific crime case. Articles 9(4)3 and 4 of the Electronic Monitoring Act and Article 28(1) of the Electronic Monitoring Act shall be dismissed when a fine is imposed on the specific crime case or a suspended sentence or suspended sentence is imposed on the person who committed the specific crime. However, the person who committed the specific crime shall be put on probation while suspending the execution of the sentence.