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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of imprisonment (two years and six months, etc.) imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) is unreasonable.
B. The lower court’s improper issuance of an attachment order for a period of six years, even though the Defendant should be sentenced to the attachment order for an electronic tracking device for a period of ten years.
2. Determination
A. As to the assertion on unfair sentencing, each of the instant crimes committed by the Defendant against the assertion on unfair sentencing, the Defendant committed an indecent act by force against the victims who are minor victims under the age of 13 and committed sexual abuse at an elementary school playground where special protection for children is requested, and thus, the relevant criminal liability is more important; the victims appear to have been suffering from considerable sense of shame and mental impulse due to each of the instant crimes; the Defendant committed each of the instant crimes during the suspended execution period due to the crime of public performance and obscenity; the Defendant is highly likely to be subject to criticism; and the victims are not agreed with each of the instant crimes; however, there are extenuating circumstances against the Defendant. However, considering the Defendant’s confession of each of the instant crimes and the degree of indecent act in each of the instant crimes, the Defendant did not relatively heavy, and the overall sentencing conditions under Article 51 of the Criminal Act, and the sentencing guidelines for the enactment of the Sentencing Committee, it does not seem to have exceeded discretionary power.
B. According to Article 9(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the period of attachment order for the crime of indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by compulsion is six to twenty years. In full view of the contents and motive of the crime of indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by compulsion, Defendant’s age, character and conduct, environment, Defendant’s attitude before and after the crime