All of the appeals by prosecutors are dismissed.

Summary of Grounds for Appeal

The sentence (one year and six months of imprisonment, and two years of suspended execution) imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) is unreasonable.

Although it is necessary for the Defendant to attach an electronic tracking device because he/she is highly likely to repeat sexual crimes, it is improper for the lower court to dismiss the request for the attachment order of this case.

Judgment

The crime of this case claiming unfair sentencing is a situation unfavorable to the defendant that the defendant committed an indecent act by force against the victims who are juveniles while working as a sports center shuttle bus driver, and thus there is a high possibility of criticism. The victims' mental and physical impulses are expected not to have been received, and that the defendant did not receive a letter from the victims is disadvantageous to the defendant.

However, in full view of the following: (a) the Defendant was punished by a fine of KRW 500,00 for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 198; (b) there was no record of crime; (c) the extent of the indecent act in this case is not significant; and (d) the Defendant led to the confession of the crime in this case, and his mistake is divided; and (c) other various sentencing conditions stated in the records and arguments, including the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances before and after the crime, etc., the sentence imposed by the lower court

Therefore, the prosecutor's above assertion is without merit.

The court below rejected the request for an attachment order in accordance with Article 9 (4) 4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders while issuing a suspended sentence regarding the specific crime case of this case. The court below rejected the request for an attachment order in accordance with the above provision, since the court below's request for an attachment order should be ruled dismissed when a suspended sentence is issued for the specific crime case of this case. Thus, the court below