Of them, the part concerning the defendant and the person who requested an attachment order shall be reversed.

Defendant shall be punished by imprisonment for a period of three years and six months.

A. The Defendant and the person who requested the attachment order (misunderstanding of the facts) and the person who requested the attachment order (hereinafter “Defendant”) have sexual intercourses twice in agreement with the victim and do not rape the victim.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. Ex officio determination (revision of indictment) will take into consideration ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor.

For the first time, the prosecutor changed the name of the crime of violation of the Act on the Protection of Juveniles from Sexual Abuse (compact, etc.) against the defendant from among the facts charged in the instant case to the violation of the Act on the Protection of Juveniles from Sexual Abuse (compact, etc.). This part of the facts charged was changed as stated in paragraph 1 of the following facts charged, and the subject of the judgment was changed by this court upon permission.

Therefore, among the judgment below, this part of the judgment of the court below was no longer maintained, and the court below deemed the aforementioned part as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced to a single punishment for attempted crimes of conflict with the above part. Accordingly, the part of the judgment of the court below concerning the defendant was no longer maintained.

On the other hand, where the judgment of the court below on the defendant's case is reversed due to its illegality, the part of the court below's judgment concerning the defendant shall not be reversed, and at the same time, the request for an attachment order which shall be pronounced (see Supreme Court Decision 2011Do453, 2010Do12, Apr. 14, 201). Therefore, without examining the grounds for appeal by the defendant and the prosecutor, Article 364 (2) of the Criminal Procedure Act, Article 35 of the Act on the Protection and Observation of Specific Criminal Offenders, and Electronic Devices Installation, Etc. (hereinafter "Electronic Devices Installation Act") shall be reversed, and the part of the court below's judgment concerning the defendant shall be reversed, and the judgment shall be again decided as follows after pleading.

Criminal facts

The substance of the evidence and facts charged by the court.