The judgment of the court below is reversed.

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

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years and six months of imprisonment) against the Defendant and the person subject to a request to attach an electronic device (hereinafter “Defendant”) is too harsh and unfair, and the lower court’s measures that sentenced the Defendant to attach an electronic tracking device for three years are too harsh.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Prior to the judgment on the assertion of unfair sentencing by the Defendant and the prosecutor on the part of the defendant's case, the prosecutor applied for permission to change the applicable provisions of the case to "Article 298 of the Criminal Act" in Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, as the name of the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (the part concerning the criminal facts in the original judgment) against the victim G among the facts charged in the instant case, as the "indecent act by force". The above court permitted this to change the applicable provisions

Meanwhile, since the revised facts charged and the remaining facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed, the entire judgment of the court below cannot be maintained.

B. As to the part regarding the request for attachment order, the risk of recidivism of a sexual crime under Article 5(1) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders means that the possibility of repeating the crime is insufficient solely, and that there is a considerable probability that the person subject to the request for attachment order may injure the legal peace by committing a sexual crime again in the future. The existence of the risk of recidivism of a sexual crime shall be objectively determined by comprehensively assessing various circumstances, such as the occupation and environment of the person subject to the request for attachment order, the conduct prior to the relevant crime, the motive and means of the relevant crime, the circumstances after the crime, and the situation after the crime, etc., and such determination shall be based on the time of the