The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court’s dismissal of the Defendant’s request for an attachment order against the Defendant, even though there is a risk of recidivism of a sexual crime committed by the Defendant and the respondent for the attachment order (hereinafter “Defendant”), is unreasonable.

B. The lower court’s sentence against the Defendant on unreasonable sentencing (the imprisonment for eight months, the suspension of the execution of two years, the probation order, the order to attend a sexual assault treatment program for 120 hours, and the order to disclose information for three years) is too uneasible and unreasonable.

2. Determination

A. As to the request for attachment order, the risk of recidivism of a sexual crime under Article 5(1) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders means the possibility of recidivism is insufficient only by the possibility of recidivism, and it is highly probable that the person subject to the request for attachment order will injure legal peace by committing a sexual crime again in the future.

The existence of the risk of recidivism of a sexual crime shall be objectively determined by comprehensively assessing various circumstances, such as the occupation and environment of the person against whom the attachment order is requested, the motive and means of the crime, the circumstances after the crime, and the situation after the crime. Such a determination is based on the time of judgment, since it is a constructive judgment for the future.

(See Supreme Court Decision 2010Do7410 Decided December 9, 2010, etc.). According to the records, the following facts are acknowledged: (a) the Defendant repeatedly committed sexual crimes against victims under the age of 13, etc. more than twice; (b) the Defendant was charged with a similar crime even before and after the Defendant was charged with a similar crime; and (c) the Defendant was given a disposition or a judgment dismissing the prosecution without the consent of the victim; and (d) the Defendant’s evaluation of the risk of recidivism against the Korean sex offender (K-SORAS) constitutes “high risk of

However, on the other hand, the following circumstances acknowledged by the record, i.e., a traffic accident related to performance of official duties during military service, are bequeathed.