The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for two years.

40 hours per the defendant.

1. Summary of grounds for appeal;

A. The part of the case against the defendant and the person who requested to attach an attachment order (hereinafter "the defendant") (the sentence of imprisonment with prison labor for a period of four years and six months) is deemed to be too unfasible and unfair.

B. In light of the content and frequency of the instant crime, the Defendant’s occupation, and the victim’s age, etc., it is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case even if the risk of preventing sexual assault again exists in the future.

2. Determination on the defendant's case is the sentencing data that are favorable to the defendant, such as ① the defendant shows the attitude of confessioning and opposing each of the crimes in this case, ② the defendant has made efforts to recover damage by paying a considerable amount for the victim's side, ③ the defendant expressed his/her intent that he/she does not want to be punished against the defendant, ③ the defendant's mother and the mother have no criminal history, ④ the defendant's mother and the mother want to take the lead to the defendant, ④ the defendant's surrounding person want to have the preference against the defendant, and thus, the social relation seems to be relatively strong.

① However, the instant case is an indecent act against the victim who was only 11~12 years old by the Defendant and constitutes a sexual relation, and in light of the social demand and flow that calls for strong legal response against sexual crimes against a child who was not the age to exercise his/her right to sexual self-determination, it is particularly good that such a crime is committed.

(2) In addition, the Gu or the Defendant appears to have committed the instant crime by taking advantage of the psychological and religious dependence on the accused of the victimized person as a person who had been in the previous history of a church accompanying the injured person, and 3. The victims and the parents of the injured person who have yet been mentally and physically familiar with each of the instant crimes are suffering from a big mental impulse and psychological pain.