The judgment below

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

A defendant shall be punished by imprisonment for eight years.

1. The lower court rendered a judgment of conviction on the part of the Defendant case, and dismissed the prosecutor’s request for attachment order and issued a probation order ex officio with respect to the part regarding which the request for attachment order was made.

However, since the Defendant and the person subject to the request for attachment order (hereinafter “Defendant”) filed an appeal against the part of the Defendant case, the part of the judgment below regarding the request for attachment order is excluded from the object of adjudication as there is no benefit of appeal. The part regarding the probation order, which the court below rendered ex officio, is deemed to have been lodged pursuant to Articles 21-8 and 9(8) of the Act on the Attachment, etc. of Electronic Devices (hereinafter “Electronic

Therefore, the scope of this court's trial is limited to the part of the defendant's case and the probation order except for the part requesting attachment order.

2. Summary of grounds for appeal;

A. misunderstanding of facts - Paragraph (1) of the facts charged (the indecent act committed by a minor under the age of 13 by fraudulent means) and Paragraph (3) of the same Article (the charge committed by a child or juvenile indecent act by force) (the charge committed by a criminal force) did not put the victim's sexual organ into the victim's mouth by a deceptive scheme or force, even though the victim's sexual organ was written in his/her hands several times.

Nevertheless, since the court below found all of the facts charged in this case guilty, the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (referring to eight years of imprisonment, five years of employment restriction order, five years of probation order, etc.) is too unreasonable.

3. Determination on the part of the defendant's case

A. The relevant legal doctrine concerning the misunderstanding of facts under paragraph (1) of the facts charged (the indecent act committed by a minor under the age of 13 by deceptive means) and paragraph (3) (the fact that a child or an indecent act by force is committed by a minor) where the victim, who is a minor, was made a sex offense, such as rape or indecent act by force, from his/her relative in the position to protect and supervise him/her.