The prosecutor's appeal is dismissed.

1. Summary of the prosecutor's grounds for appeal;

A. The lower court’s sentence (one year and six months of imprisonment and three years of suspended execution) imposed on the Defendant and the person subject to an application for an attachment order (hereinafter “Defendant”) is deemed unreasonable.

B. In light of the fact that the Defendant’s request for an attachment order of this case is deemed to have high risk of recidivism, such as crypting sexual assault against a young victim by an alternative and malicious means, it is unreasonable for the lower court to dismiss the request for the attachment order of this case.

2. Determination

A. The Defendant’s determination on the assertion of unfair sentencing is an unfavorable circumstance to the Defendant that it is not good to commit an offense, such as showing obscene pictures to the lower-age victim, and committing an indecent act by forcing the victim to commit an indecent act, etc. by deceiving the victim of the chest and sound.

However, in full view of the following circumstances: (a) the Defendant was punished once by a fine due to the crime of injury; (b) the Defendant did not have any other criminal records; and (c) agreed with the victim; and (d) the Defendant’s age, character and conduct, intelligence and environment; (b) motive, means and consequence of the crime; and (c) other circumstances that are conditions for sentencing, the Defendant’s sentence imposed by the lower court is too uneasible and unreasonable. Therefore

B. According to Article 9(4)4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as to the assertion on the claim for an attachment order, the request for the attachment order shall be dismissed when a suspended sentence is sentenced to the specific crime case. As seen above, the lower court’s sentencing that sentenced the suspended sentence against the Defendant is unreasonable and the need to order the Defendant to be put on probation is not recognized. Thus, the Prosecutor’s assertion on this part is without merit.

3. In conclusion, the prosecutor's appeal is without merit and Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.