The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The lower court’s punishment on the part of the Defendant case is too unfasible and unreasonable. 2) It is unreasonable for the lower court to dismiss the Defendant’s request for attachment order of a location tracking device despite the risk of recommitting sexual crimes.

2. Determination

A. In the case of the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape), among the crimes of this case concerning the part of the defendant's case, the crime of this case is committed against the victim, who was returned home at night due to an excessive threat and attempted to rape, but the crime is not likely to be committed, and the crime is highly likely to be committed, and the victim seems to have suffered considerable mental shock and pain due to the crime of this case, etc., is considered to be disadvantageous to the defendant.

The fact that the Defendant has led to the confession of all of the instant crimes and seriously against the Defendant, that there was no record of criminal punishment prior to the instant crimes, that the victims agreed with all of the victims of the instant crimes, that the victims did not want the Defendant’s punishment, that the crime was committed in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and that the mother of the victim submitted an application to the effect that he would take the Defendant against the Defendant.

In addition, in full view of all the sentencing conditions as shown in the arguments in the instant case, including the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and methods of the instant crime, and circumstances before and after the instant crime, the lower court’s punishment is deemed to be too unreasonable and thus, the Defendant’s assertion of unfair sentencing is without merit.

B. It is related to the law regarding the location tracking of specific criminal offenders and the attachment of electronic devices in determining the part of the request for attachment order.