Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

1. The summary of the grounds for appeal (the defendant and the prosecutor) of the lower court’s punishment (one year and six months of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too heavy or unreasonable;

(A) It is necessary to attach an electronic tracking device to the person sought to attach an electronic device in light of all the circumstances.

2. In full view of the matters and sentencing criteria as indicated in the sentencing review process of the lower court’s judgment, it cannot be deemed that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, which comprehensively takes into account the repetition and relative of the instant crime, the degree of tangible and indecent act committed in the course of the crime, the suffering of victims, the agreement with the victims, the Defendant’s reflective power, and the sentencing guidelines.

In addition, there is no or insufficient circumstance or material to deem that it is improper to maintain the sentencing of the court below in the course of the sentencing hearing of the court.

For the reasons indicated in its holding, the lower court dismissed the request for the attachment order of this case on the ground that it is difficult to readily conclude that the prosecutor’s evidence submitted by the prosecutor has the risk of re-offending. In light of relevant evidence, pleading, and legal principles, the lower court’s aforementioned determination is justifiable and did not err by misapprehending the legal principles, etc.

3. Conclusion, the appeal filed by the Defendant and the respondent for the attachment order and the prosecutor are all dismissed.

(Article 364(4) of the Criminal Procedure Act, Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders