The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The part of the defendant's case (e.g., imprisonment with prison labor for one year and six months, and three years of suspended execution) is deemed to be too uneasy and unfair.

B. The lower court’s dismissal of the Defendant’s request for the attachment order of an electronic tracking device is unreasonable, in light of the following: (a) the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) should be sentenced to imprisonment and the risk of recidivism is recognized; and (b) the Defendant’s request for the attachment order of an electronic tracking device

2. Determination

A. The instant crime on the assertion of unfair sentencing is likely to be subject to considerable criticism by deeming that the Defendant committed an indecent act against the victim by means of an act of self-defense in the victim’s side after leaving the Defendant’s vehicle to the school by stating that the Defendant will place the victim attending the school.

The victim seems to have suffered mental suffering also due to the instant case.

On the other hand, there are circumstances to consider such as the fact that the defendant agreed smoothly with the victim, and that the defendant repents his wrong in depth and reflects his fault.

In addition, considering the defendant's age, criminal records, character and conduct, environment, family relations, the circumstances and contents of the crime of this case, various sentencing conditions shown in the arguments of this case, including the defendant's age, character and conduct, background and contents of the crime of this case, circumstances after the crime of this case, etc., the scope of recommended sentences [the range of sentence according to the sentencing guidelines of the Supreme Court's sentencing committee, which was enforced at the time of the prosecution of this case, falls under sexual crimes, the crime of indecent act (subject to over 13 years old), the crime of indecent act by force (subject to over 13 years old), the crime of indecent act by force (from 9 months to 1 year and 6 months in which the upper limit and lower limit of the sentence are mitigated to 1/2], and the criteria for suspended execution (i) as a positive reason for punishment, and (ii) use deceptive force other than assault and threat as a reason for general participation, (iii) serious reflectness, and there is clear social relation, and