The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for one year.

80 hours per the defendant.

1. Summary of grounds for appeal;

A. Part 1 of the Defendant case) The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”)

(2) The sentence (one year and six months of imprisonment, 80 hours of order, and 3 years of information disclosure) pronounced by the lower court in light of the various sentencing conditions in the instant case, is too unreasonable and unfair, under the influence of alcohol at the time of the instant crime.

B. It is unreasonable that the court below ordered the defendant to attach an electronic tracking device to the defendant although the defendant does not have the risk of recidivism and recidivism of sexual crime.

2. Determination

A. According to the records of the judgment on the claim of mental and physical disability, although the defendant was in a drunken state at the time of the crime in this case, in light of the circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant's act before and after the crime in this case, etc., it does not seem that the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime in this case. Thus, the above argument by the defendant is without merit. 2) Even though the defendant had the record of being punished for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, the defendant again committed the crime in this case despite the fact that the defendant had the record of being punished for the crime in this case, and that the defendant committed the crime in this case by inducing the victim, and that the victim's age is 13 years.

However, in full view of the following: (a) the Defendant led to the instant crime; (b) made efforts to recover the victim’s damage; (c) the degree of indecent act was not relatively serious; and (d) other various sentencing conditions shown in the instant argument, such as the Defendant’s age, character and conduct, family environment, etc., the sentence imposed by the lower court is too unreasonable.