The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the misunderstanding of facts and misapprehension of legal principles (the acquitted part and the part concerning the request for attachment order), the defendant and the person subject to the request for attachment order (hereinafter “defendants”) committed sexual intercourse with C (17 years old), which is a juvenile with mental disorder on July 2012, 201, and threatened his/her birth, E, and 13 years old), thereby inserting the Defendant’s sexual organ inside the mouth, and may be recognized as having a risk of recommitting a sexual crime. Nevertheless, among the facts charged in the instant case, the court of first instance acquitted all of the aforementioned facts charged, and dismissed the prosecutor’s request for attachment order of an electronic tracking device, and erred by misapprehending the facts and misapprehending the legal principles.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles in the facts charged in the instant case, as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compreting with the disabled), and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similarness), the first instance court, while clearly explaining the reasons under the title “not guilty part” of the judgment, determined that the testimony and circumstantial evidence alone constituted a case where there was no proof of a crime because it is difficult to view that the above facts charged were true to

Examining the first instance judgment closely with the record, the judgment is just and acceptable, and the first instance court’s dismissal of the prosecutor’s request for an attachment order is also justifiable, and it cannot be said that there was a misunderstanding of facts or a misunderstanding of legal principles.

Therefore, it is true.