The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that this judgment.

1. As to the part of the Defendant case, the lower court rendered a judgment dismissing the prosecutor’s request regarding the conviction, the request for attachment order, and the request for probation order.

Since the appeal was filed only by the defendant, there is no interest in appeal regarding the request for attachment order and probation order.

Therefore, notwithstanding the provisions of Articles 9(8) and 21-8 of the Electronic Monitoring, etc. Act, the part of the judgment below regarding the request for attachment order and probation order among the judgment below is excluded from the scope of the judgment of this court, and thus, the scope of the judgment of this court is limited to

2. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

3. The crime of this case is deemed to have sexual intercourse with the victim who is a minor of 11 years of age, and the nature of the crime is bad.

As a result of the instant crime, it seems that the victim, who is aged, was adversely affected by forming a sound sexual identity or values.

However, the defendant recognized the crime of this case and divided it in depth.

In the crime of this case, the defendant does not seem to have cruel circumstances such as exercising tangible power against the victim or pecuniary consideration.

There is no criminal conviction in excess of the fine, and the victim and his family members do not want the punishment against the defendant by mutual consent.

In addition, in full view of the defendant's age, character and conduct, environment, relationship with the victim, motive, means and result of the crime, various sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime, and the range of recommended sentences according to the sentencing guidelines, the punishment sentenced by the court below is too unreasonable.

4. In conclusion, the appeal by the defendant against the part of the defendant's case is with merit. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.