The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

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

1. Summary of grounds for appeal;

A. The sentence (two years and six months of imprisonment, and three years of suspended execution) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) is deemed unreasonable.

B. It is improper to dismiss a defendant's request for an attachment order even if he/she is in danger of recidivism.

2. Determination:

A. Circumstances that can be considered in light of the circumstances, such as the fact that the part of the defendant's case was divided in depth into the defendant's mistake, that is, the primary offender who has no particular criminal history, that the degree of force of exercising the defendant's right is relatively weak, and that the victim's side and the victim did not want the punishment of the defendant.

On the other hand, on the other hand, the crime of this case was found to be a young victim who is only six years of age, and the photograph is stamped in the elevator, and the crime of this case is not less complicated than the crime of indecent act by force by deceiving the bridge, sound, etc.

In addition, the defendant has recently taken a photograph according to female flusium, and the photo was stored in smartphones in possession. In 2008, there was a record that he committed soup by committing an indecent act against a female flusing in 2008 and was subject to a disposition that is not entitled to prosecution, and as a result, he was assessed as "high risk of re-offending" with the total point of 14 points as a result of K-SORAS. In addition, considering the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, the means and consequence of the crime, as a whole, the court below, while suspending the execution of imprisonment with prison labor for the defendant, which was simply put on probation, appears to be unfair, as the defendant's argument in this part is reasonable.

B. The lower court on the part of the case in which the Defendant applied for an attachment order was sentenced to a suspended sentence, and rendered a judgment on the location tracking device for a specific criminal.