The judgment below

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

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

1. The court below's scope of trial was convicted of the part of the defendant's case, and the part of the attachment order case was ordered to dismiss the prosecutor's request with respect to it. Since only the defendant appealeds the part of the attachment order case, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, Etc. for Specific Criminal Offenders since there is no benefit to appeal as to the part of the attachment order case, this part is excluded from the scope of trial of this court (see Supreme Court Decision 82Do2823, 82Do611, Jan. 18, 1983). 2. The summary of the grounds for appeal

A. The judgment of the court below which found the victim of misunderstanding of facts or misunderstanding of legal principles guilty of the facts charged of paragraph (2) of the judgment of the court below is erroneous in the misapprehension of legal principles or misapprehension of legal principles, inasmuch as the circumstance where the victim suffered from misunderstanding of facts or misunderstanding of legal principles is the degree of natural therapy, and there is no difficulty in daily life as it is the same as that of an ordinary injury that may occur in sexual intercourse in accordance with an agreement.

B. Although the defendant was to have suspended the execution of each of the instant cases by his own free will, the punishment sentenced by the court below without recognizing such circumstances (two years and six months of imprisonment and three years of suspended execution) is too unreasonable.

3. First, we examine the Defendant’s assertion of mistake of facts or misapprehension of legal principles.

A. On November 28, 2012, the Defendant: (a) committed the crime of paragraph (2) of the holding of the lower judgment, the Defendant, at around 15:00 on November 28, 2012, committed an attempted to have sexual intercourse with the victim at a small room located in his/her residence; (b) taken the victim’s clothes against him/her; and (c) tried to have sexual intercourse by putting his/her sexual organ out of his/her mouth with the victim’s negative part; and (d) inserted his/her own sexual organ into the victim’s negative part; and (c) attempted to have sexual intercourse with him/her

Accordingly, the defendant tried to have sexual intercourse with a female under 13 years of age.