The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the first instance court on the defendant and the person to whom the attachment order was requested (hereinafter “defendants”) (one year of suspended sentence for imprisonment with labor and five years of suspended sentence, etc.”) is too uneasible and unreasonable.

B. misunderstanding of facts and misunderstanding of legal principles (part on a request for attachment order) are erroneous or erroneous in the misapprehension of legal principles that the first instance court dismissed the request for attachment order of an electronic tracking device despite the risk of recommitting a sexual crime.

2. Determination

A. As to the assertion on unfair sentencing, the crime of this case is acknowledged to be an unfavorable sentencing factor such as: (a) the Defendant intrudes on another’s residence at night and commits an indecent act by force against the latter F by force; (b) intending to commit rape by infringing on the victim’s house by leaving away from the victim’s H at night; and (c) the nature of the crime is bad; (d) the several methods are also dangerous; and (e) the victims suffered a large mental and physical pain and shock; and (e) the F, who was 16 years old at the time, could have a bad influence on the formation of sound sexual values and normal growth in the future.

However, it is also recognized that the defendant has an attitude to reflect on his own criminal conduct, such as the fact that the victims do not want the punishment of the defendant, the crime committed in 2008 may be deemed to have been committed in the state where the defendant has not yet been able to have been punished as a human being, there is no past record of punishment, the crime of rape is committed in the attempted crime, and it is clear that social ties are.

In full view of the aforementioned factors of sentencing, Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence of the first instance court is deemed appropriate.