The appeal filed by the defendant, the person subject to the attachment order and the person subject to the probation order and the prosecutor is dismissed.

1. Summary of grounds for appeal;

A. The punishment (two years of imprisonment, 80 hours of order, and 3 years of disclosure and notification order) imposed by the court below on the defendant, the person subject to a request for an attachment order and the person subject to a request for a probation order (hereinafter “defendant”) is too unreasonable.

B. Prosecutor 1) It is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case, even though the part of the Defendant’s case that the lower court rendered against the Defendant is likely to recommit a sexual crime.

2. Each of the instant offenses pertaining to the judgment of the instant case is a normal situation against the Defendant, on the following grounds: (a) the Defendant, as a kindergarten sports teacher, committed an indecent act in the instant case against the victim, who is a kindergarten student, who is only five years old since he/she pretended to believe himself/herself while conducting sports classes for the kindergarten students; (b) was sentenced to a fine of one million won due to a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), and the judgment became final and conclusive, failed to submit personal information within the deadline for submission or submits false personal information; (c) the Defendant was highly poor in quality and method of committing the instant offense; (d) the Defendant, as a sports teacher of the victim, has a duty to educate the victim in a sound manner; (c) the victim was committed by sexually making the instant indecent act as a sexual target, and (e) the victim seems to have suffered a very significant mental impulse due to the instant offense.

On the other hand, the fact that the defendant is against the defendant's awareness of each of the crimes of this case, that the victim's side is not subject to the punishment of the defendant by agreement with the victim, and that the degree of the defendant's indecent act is not relatively more severe, etc. are favorable to the defendant.