1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a period of two years and six months;

3.Provided, That this judgment has become final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant had no intention to rape the victim.

B. At the time of committing the instant crime, the Defendant was in a physical and mental weak state by drinking alcohol.

(c)

The punishment of the court below (two years and six months of imprisonment, and three years of suspended execution) is too unreasonable.

2. Determination

A. We examine the reasoning of the Defendant’s appeal ex officio.

The lower court found the Defendant guilty of the charges of this case against sexual assault offenders committed by the Defendant against adults, sentenced the Defendant to a suspended sentence, and ordered the Defendant to attend a lecture for treatment of sexual assault under the applicable law, “Article 21(2) main text and Article 21(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse,” as an incidental disposition.

In doing so, the Act on the Protection of Children and Juveniles against Sexual Abuse provides for special cases concerning the punishment and procedure of sex offenses against children and juveniles, and it shall not apply to cases where the victimized person is not a child or juvenile. However, the court below erred by misapprehending the legal principles on incidental disposition against sex offenses against adults to order the Defendant to attend a lecture by applying the Act on the Protection of Children and Juveniles against Sexual Abuse.

I would like to say.

Meanwhile, an order to attend a lecture issued on the part of the Defendant is an incidental disposition that the court declares simultaneously with the judgment on a sexual crime against a child or juvenile, and where the whole or part of the order to attend a lecture is unlawful, the part of the order should be reversed even without errors in the remaining part of the Defendant (see, e.g., Supreme Court Decision 2013Do1525, Apr. 11, 2013). As seen earlier, the judgment below should be reversed in its entirety.

However, notwithstanding the above reasons for reversal of authority, the defendant's ground for appeal is still subject to the judgment of this court.