The prosecutor's appeal is dismissed.

Summary of Reasons for appeal

A. The sentence of the lower court’s improper sentencing is too unfortunate and unfair.

B. Although dismissing the request for an attachment order, the lower court’s dismissal of the request for an attachment order against the Defendant is unreasonable, even if there is a high risk of recidivism of sexual crimes by the Defendant and the person who requested the attachment order (hereinafter “Defendant”).

2. Determination

A. In a case where there is no change in the conditions of sentencing compared to the original judgment, and where the sentencing of the original judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). Circumstances the prosecutor asserts as an element of sentencing in this court are already discovered in the hearing process of the lower court, or appears to have been sufficiently considered in determining the Defendant’s punishment, and there is no particular change in circumstances in the sentencing guidelines with regard to the matters subject to the conditions of sentencing after the lower judgment was sentenced.

If the court below comprehensively takes into account the defendant's age, sexual conduct, intelligence, environment, family relationship, motive, means and consequence of the crime, all the sentencing conditions as shown in the arguments in this case, and the scope of sentencing guidelines based on the sentencing guidelines, such as the circumstances after the crime was committed, the court below's sentencing is too unjustifiable and unfair, considering the circumstances that the prosecutor is carrying out within the reasonable scope of discretion, even if it is based on the grounds of appeal by the prosecutor.

This part of the prosecutor's argument is without merit.

B. According to Article 9(4)4 of the Act on the Electronic Monitoring, etc., the request for an attachment order shall be ruled dismissed when the suspension of execution is sentenced with respect to the specific crime case. The court below ordered the suspension of execution against the defendant and maintained the same as seen above. Thus, the prosecutor’s allegation on this part is without merit.

3. The appeal by the prosecutor of conclusion is with merit.