A. On February 25, 2017, the Defendant did not put the fingers into the negative part of the damaged person.

However, the lower court erred by misapprehending the fact that it was found guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (a 7 years of imprisonment, order to complete a sexual assault treatment program 80 hours, and order to restrict employment between 10 years) is excessively unreasonable and thus the amount of the sentence is unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant admitted all the facts charged at the lower court.

If the evidence duly adopted in the lower court’s confession is added to the Defendant’s confession, this part of the facts charged that the Defendant followed the “rack diesel” to the sound part of the victimized person on February 25, 2017, and collected the fingers, without any reasonable doubt.

Therefore, this part of the defendant's argument is without merit.

B. As to the wrongful argument of sentencing, the appellate court did not submit a new evidence of sentencing that could be considered favorable to the defendant.

Rather, the appellate court denied the fact that the defendant committed a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g., deceptive schemes against minors under the age of 13), and the recognition and reflection of the defendant's crime, which is favorable to the defendant, is not continued.

After the judgment of the court below, the victim's mother is suffering from mental suffering in the appellate court, and the victim's severe punishment is desired.

The defendant appears to have paid the child support to the victim even after the crime, but the victim did not consent to the payment of such money.

And the defendant has no record of criminal punishment for sex crimes, and the object of the crime is not an unspecified person.

However, the defendant continued to keep the victim who did not live together with himself over a long period from the time when he saw.