The defendant's appeal is dismissed.

The request for probation order of this case is dismissed.

1. Part of the defendant's case

A. The sentencing of the court below is too inappropriate.

B. It is recognized that the Defendant and the person requesting a probation order (hereinafter “Defendant”) recognize the instant crime, repents and reflects his mistake, and there is no criminal power against the Defendant.

However, the crime of this case is committed by the defendant as a relative of the victim and has to protect and rear the victim for a long time by taking advantage of his status, and the nature of the crime is not very good in light of the process and method of the crime, the results of damage, the relationship with the victim, etc. The crime of this case, even though the defendant knew about the mental state and impulse that the defendant was unable to recover the victim's age due to the crime of this case, the defendant did not receive a letter or reach an agreement from the victim up to the trial. There is no particular change in the sentencing conditions compared with the court below, and the sentencing of the court below is difficult to be deemed to have exceeded the reasonable scope of discretion, and other factors such as the defendant's age, character, character and environment, motive, means and result of the crime, circumstances after the crime, family relation, etc., it is not recognized that the sentence of the court below is too inappropriate. Thus, the defendant's assertion is without merit.

2. Part of the case of probation order claim

A. The summary of the facts constituting the ground for requesting a probation order has committed a sexual crime as stated in the facts constituting a crime in the judgment below, and is likely to recommit a sexual crime.

B. The phrase “risk of recommitting a sexual crime” under Articles 5(1) and 21-2 subparag. 1 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders is considerable to impair the legal peace by committing a sexual crime again in the future by the person who requested an attachment order or the person who requested a probation order.