The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence (three years of imprisonment) imposed by the lower court on the Defendant and the respondent for the attachment order (hereinafter “Defendant”) is too unreasonable.

B. The lower court’s order to attach an electronic tracking device is unreasonable, although the Defendant was not likely to recommit a sexual crime.

2. Determination

A. The instant crime on the assertion of unfair sentencing is deemed to have been committed in light of the content of the instant crime, since the Defendant, along with the elevator, was able to catch the victim’s sexual organ (mam and 10 years old), prevented the victim from getting off the elevator, and continued to attack the victim’s sexual organ, and thus, the crime is deemed to have been committed as bad in light of the content of the relevant crime, and the victim’s age was subjected to considerable sexual humiliation and mental impulse. Therefore, the Defendant needs to be held liable corresponding to the instant crime.

However, in light of other circumstances such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the court below's punishment against the defendant is too unreasonable, in light of various sentencing conditions indicated in the records of this case, such as the defendant's age, character, environment, motive and circumstance of the crime, means and consequence of the crime, etc., and the situation after the crime, etc., where the defendant did not have any record of punishment for the same kind of crime, and the defendant did not want punishment against the defendant.

This part of the defendant's argument is justified.

B. As seen earlier, the lower judgment is reversed by accepting the Defendant’s assertion of unfair sentencing, and the sentence of suspending the execution of imprisonment is to be imposed. Article 9(4)4 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders.