All of the appeals by prosecutors are dismissed.

Summary of Grounds for Appeal

The sentence imposed by the court below on the defendant, the person to whom the attachment order was requested and the person to whom the probation order was requested (hereinafter referred to as the "defendant") (the two years of imprisonment and six years of suspended execution) is too uneasible and unfair.

It is necessary for the defendant to attach an electronic tracking device because his/her dismissal of an attachment order is highly likely to repeat sexual crimes.

Nevertheless, it is unreasonable for the court below to dismiss the Defendant’s request for attachment order of this case.

It is necessary to issue a probation order because the defendant who has dismissed the probation order is highly likely to repeat sexual crimes.

Nevertheless, it is unreasonable for the court below to dismiss the defendant's request for probation order of this case.

Judgment

The crime of this case as to the part of the defendant's case was committed by indecent act by compulsion of eight years of age, and it appears that the victim would not have much mental or physical shock, the defendant did not have been used from the part of the victim, and the defendant had the same sentence imposed on the part of the victim, and there is a very heavy criminal liability for the defendant.

On the other hand, since the defendant puts his hand in front of his body and her clothes, the degree of indecent act is not very serious, and the defendant is divided in depth through confinement life for a considerable period of time, the defendant's previous conviction is about 20 years, and it is not against the child or juvenile, and there is no record of punishment for the same kind of mistake thereafter, it is reasonable for the defendant to take into account.

In addition, the above circumstances and the defendant's age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Commission (the scope of recommending punishment).