The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

(b) the defendant;

1. Summary of grounds for appeal;

A. Defendant case - The sentence imposed by the lower court on the Defendant and the respondent for an attachment order (hereinafter “Defendant”) (five years of suspended sentence for imprisonment with labor for three years) is too uneasible and unreasonable.

B. It is improper for the court below to dismiss the defendant's request for an attachment order, despite the risk of recidivism.

2. Determination

A. It is reasonable that the part of the defendant's case has conditions favorable to the defendant, such as the fact that the defendant recognized all the crimes of this case and reflected, the fact that the defendant agreed with the victim, and the fact that there is no record of sex offense

However, the attempted crime of indecent act by compulsion and similarity in the instant case committed by the Defendant was committed by taking advantage of the pro-friendly relationship with the victim aged nine years old, and the nature of the crime is not very good in light of the background and method of the crime, and the victim seems to have suffered a large mental shock due to the Defendant’s crime.

In addition, the defendant was sentenced to a fine on two occasions and a one-time suspended sentence due to drinking driving, and in particular, he again committed the crime of drinking driving in this case for about six months after the suspended sentence of December 2012.

Considering the above circumstances and other circumstances, such as the Defendant’s age, character and conduct, environment, motive, background, means and consequence of the instant crime, and the circumstances after the crime, the lower court’s punishment is deemed to be too unreasonable.

Therefore, the prosecutor's argument of unfair sentencing is justified.

B. The lower court on the part of the claim for attachment order: (i) according to the statement on the claim protocol, the Defendant’s application of the Korea sex offender risk assessment scheme (K-SORAS) to Korea is 12 points in total, and the risk of recidivism is 10 points in total as a result of the evaluation of the PC-R method (PCL-R), and the risk of recidivism is 10 points in total; (ii) the Defendant has no same sex offense record; and (iii) the Defendant was agreed with the victim.