The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the part of the defendant's case, the punishment imposed by the court below (two years of imprisonment, four years of probation, two years of probation, 80 hours of sexual assault treatment program, 80 hours of community service order) is too uneasy and unreasonable.

B. Even if the Defendant and the respondent for the attachment order (hereinafter “defendant”) found the risk of recommitting a sexual crime, the lower court’s dismissal of the Defendant’s request for the attachment order of this case on the ground that the Defendant simply sentenced to suspended execution.

2. Determination

A. The Defendant’s crime committed in the part of the instant case is that the Defendant committed indecent acts by compulsion of the age of 16, and not only the nature of the crime is inferior, but also the possibility of criticism, and the victim appears to have suffered considerable mental shock and pain due to the instant case, etc., which are disadvantageous to the Defendant.

On the other hand, however, it is favorable for the defendant to the point that the defendant's mistake is against the truth, that the defendant seems to have caused the crime of this case by contingency while under the influence of alcohol, that there is no criminal record exceeding the same kind of fine, that the victim does not want the punishment of the defendant, that the defendant supports two children who are the wife and elementary school students, that his family members are leading the defendant, and that they want to take care of the defendant.

As can be seen, comprehensively taking into account all the sentencing conditions shown in the arguments in this case, such as the circumstances unfavorable or favorable to the defendant, the age, character and conduct, and environment of the defendant, and even when imposing the treatment within the society of probation of two years and 80 hours, including the completion of the community service order and the sexual assault treatment program, within the scope of recommended sentences on the sentencing guidelines (two years or more from June to 3 years of imprisonment), it can sufficiently have special preventive effects on the defendant.