The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The sentence sentenced by the first instance court to the defendant and the person to whom the attachment order was requested (hereinafter “defendants”) (two years of suspended sentence in eight months of imprisonment and two years of suspended sentence, etc.) is deemed unreasonable.

B. It is unreasonable for the Defendant to dismiss the request of the first instance court for an attachment order of an electronic tracking device because it is dangerous to recommit a sexual crime.

2. Determination

A. As to the assertion of unfair sentencing, the defendant committed an indecent act by force against the ageed victim, and the crime is very poor, and the victim seems to have suffered a large mental or physical pain, etc. is recognized as an unfavorable element of sentencing.

However, it is also recognized that there are more favorable factors of sentencing such as the fact that the defendant recognized his own crime and reflects his depth, deposited 500,000 won for the victim, and that there has been no record of punishment in addition to the punishment imposed by the crime of violation of the Road Traffic Act until now, there has been no record of the same crime.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, the motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances revealed in pleadings, such as the circumstances after the commission of the crime, the sentence sentenced by the first instance court is deemed appropriate, and it is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

B. The first instance court dismissed the Defendant’s request for the attachment order of this case pursuant to Article 9(4)4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that the Defendant sentenced the suspension of execution with respect to the specific crime case. As seen earlier, the first instance court, which sentenced the suspension of execution with respect to the Defendant, is appropriate and the record reveals that the Defendant is subject to probation while issuing the suspension of execution.