The prosecutor's appeal is dismissed.

The lower court rendered a judgment that dismissed the prosecutor’s request regarding the case of requesting attachment order on the following grounds: (a) the violation of the Act on the Protection of Juveniles against Sexual Abuse (Juvenile Rape, etc.) and the indecent act against minors among the facts charged in the Defendant case; and (b) the prosecution against the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (de

Therefore, since only the prosecutor appealed on the guilty part of the defendant's case and the part concerning the request for attachment order, the dismissed part among the defendant's case was separated and determined by the intention of the appeal period and excluded from the scope of this court's trial.

Therefore, the scope of this court's trial is limited to the conviction part of the judgment of the court below and the case requesting attachment order.

Summary of Grounds for Appeal

A. The sentence of imprisonment (two years of imprisonment and three years of suspended execution) imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), is deemed unreasonable.

B. The lower court’s dismissal of the Defendant’s request for attachment order, despite the risk of repeating a sexual crime, is unreasonable.

Judgment

A. In light of the fact that the Defendant committed the instant crime against the assertion of unfair sentencing by taking advantage of the status as an over-the-counter teacher, committed an indecent act by force on two occasions against the victim, who was an over-the-counter student, at the time, and the victim suffered considerable mental suffering, the Defendant’s liability cannot be deemed to be less than the Defendant’s liability.

However, considering the circumstances, such as the fact that the defendant recognized the crime of this case and reflects his mistake in depth, that the victim does not want the punishment of the defendant, that there is no record of criminal punishment above the same kind of sexual violence and the suspension of execution, and that the defendant must support the wife and her children.