In addition, both the respondent for attachment order and the prosecutor's appeal are dismissed.

가. 피고인 겸 피부착명령청구자(이하 ‘피고인’이라 한다)들 ⑴ 피고인 A ㈎ 사실오인 피해자의 정신장애 정도가 항거불능의 상태에 이르지 않았고, 피고인이 피해자의 가슴과 음부를 입으로 빨거나 손가락과 자위기구를 음부에 집어넣은 행위를 한 사실이 없음에도, 피고인에 대한 공소사실을 유죄로 인정한 원심판결에는 사실오인의 위법이 있다.

㈏ 양형부당 원심이 피고인에 대하여 선고한 형(징역 3년 등)은 너무 무거워서 부당하다.

B. The punishment sentenced by the lower court against Defendant B (three years of imprisonment, etc.) is too unreasonable.

B. (1) The sentence imposed by the lower court on the Defendants is too unfasible and unfair.

Although the Defendants’ request for attachment order had a high risk of reoffending, the lower court erred in misunderstanding of facts to dismiss the Defendants’ request for attachment order.

2. Determination

A. As to Defendant A’s assertion of misunderstanding of facts, the lower court also made the same assertion as that of the above grounds for appeal, and the lower court rejected the Defendant’s assertion by clearly explaining the Defendant’s assertion and its decision in detail under the title “determination on the Defendant and his defense counsel’s assertion” in the written judgment.

Examining the judgment of the court below closely after comparison with the evidence, the judgment is just, and further, in addition to the grounds set by the court below, the following are as follows: ① the color or shape of the sexual body that the defendant kept in his house is the same as that of the color or shape of the sexual body (Evidence No. 8) that the victim took custody of the defendant's house (Evidence No. 8, 12, 24 pages of the protocol of examination of evidence prepared by the prosecutor); ② the defendant’s "not having a sexual relationship with the wife because he suffered from the advance contribution before 15 years," and ② the defendant’s list No. 25.