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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years and five years of suspended execution) that the court below rendered is unreasonable, and accordingly, the request for an attachment order is dismissed.
2. The judgment of the court below is an unfavorable circumstance such as the defendant's indecent act by force against the victims of the five-year old age who had been playing at the defendant's home, and the nature of the crime is very poor, the victims and their families have suffered from the crime of this case, and in particular, there are concerns over impeding the normal development of the victims of the age, but on the other hand, the defendant seems to recognize and reflect most of the crimes. The defendant does not want the punishment of the defendant, the victims do not want the punishment of the defendant, before the crime of this case was committed, the defendant's wife and his father, etc. have no previous conviction except for the punishment of the defendant, before the crime of this case was committed by the victims, and the defendant's wife and his wife, etc. have filed a favorable appeal against the defendant, based on the sentencing conditions under Article 51 of the Criminal Act and the scope of recommendations based on the sentencing guidelines under the sentencing guidelines and the sentencing guidelines of the defendant, and considering the punishment of the court below against the defendant within the proper scope of the sentencing of the public prosecutor.
Meanwhile, according to Article 9(4)4 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders, the request for attachment order must be dismissed when the suspension of execution is imposed on the specific crime case. Thus, the prosecutor’s appeal on this part is rejected.
3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.