The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) committed the instant crime of unfair sentencing, the sentencing of the lower court is too unreasonable and unfair. 2) It is unreasonable for the lower court to order the Defendant to restrict employment for three years with child and juvenile-related institutions, etc. and welfare facilities for the disabled.

B. Prosecutor 1) The lower court’s sentencing is unreasonable as it is too unjustifiable and unreasonable. 2) Although the Defendant’s dismissal of the request for attachment order is highly likely to repeat the same sex offense, it is unreasonable for the lower court to dismiss the Defendant’s request for attachment order of this case on the grounds that there is no need to attach an electronic device.

2. Determination

A. The Defendant’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor has three times the history of punishment for sexual crimes, and on July 13, 2017, the Seoul Southern District Court sentenced the Defendant to a suspended sentence of four months and two years of imprisonment for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct at Open Place). On April 5, 2018, even if the same court was sentenced to a suspended sentence of two years and two years for an electronic tracking device attachment order for one year due to indecent act, the instant crime was committed while the electronic device was attached during the suspended sentence period, and the victim appears to have suffered sexual humiliation due to the instant crime, there is a need for strict punishment against the Defendant in light of the following: (a) the Defendant was punished.

However, the defendant shows his attitude to reflect his wrong in the court below and the court below, and the defendant, with the first disabled person with intellectual disability with the social age of 2 years and 9 months, can lead to a proper reduction of the convict life in a state where basic life is difficult, such as drinking boom, handling a substitute, etc.