The defendant's appeal is dismissed.

In the text of the judgment of the court below, the information about the defendant shall be disclosed for five years.

The court below rendered a judgment dismissing the prosecutor's request with respect to a prosecuted case and a request for attachment order. (However, the court ordered probation pursuant to Article 21-3 (2) of the former Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (amended by Act No. 16923, Feb. 4, 2020) and only the defendant appealed against this.

Therefore, the part of the request for attachment order is excluded from the scope of the trial of this court, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit of appeal.

2. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) There was no fact that the victim D was committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13) and there was no intention to commit an indecent act against the defendant. 2) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (aggravated Punishment, etc. of the said Act) and

B. The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disability.

C. The decision of the court below on the grounds that the sentence of unfair sentencing (two years and six months of imprisonment) is too unreasonable.

3. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the Defendant and the defense counsel in the part of the lower court against Special Act on the Punishment, etc. of Sexual Crimes (a minor indecent act under the age of 13) also asserted the same as the grounds for appeal in this part. The lower court determined that the Defendant, like the facts stated in this part of the crime, could have acknowledged the fact that the Defendant, as stated in this part of the crime, brought the child victim D into the face and attempted to face the face.

If the reasoning of the judgment of the court below is closely compared with the records, the above judgment of the court below is made.