The judgment below

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

Defendant

In addition, a person who requests an attachment order shall be punished by imprisonment for four years.

1. Part of the defendant's case

A. The summary of the grounds for appeal 1) The defendant and the person to whom the attachment order was requested by the defendant and the person to whom the attachment order was requested (hereinafter only referred to as the "defendant") are erroneous in the misapprehension of legal principles or the misapprehension of legal principles and the defendant and the person to whom the attachment order was requested by the court below did not commit the crimes specified in Articles 3 and 4 of the facts

B) The sentence of an unreasonable sentencing sentence (one year of imprisonment and 80 hours of order) by the lower court is too unreasonable and unfair. 2) The sentence of the lower court by the prosecutor is too uneasible and unfair.

B. Determination 1 ex officio: (a) A prosecutor applied for permission to amend an indictment with the content that “the date and time of the offense under paragraph (3) of the facts charged was changed from “the date and time from winter Blst in 201 to spring in 2012” to “the date and time from winter Blst in 2011,” and as the case was changed by this court’s permission, the judgment below was no longer maintained. (b) The lower court determined that the act described in paragraph (1) of the facts constituting a crime in the judgment of the Defendant’s judgment falls under Article 7(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Protection, etc. of Victims thereof (amended by Act No. 10258, Apr. 15, 2010) and Article 298 of the Criminal Act, which constituted “the Act on the Protection, etc. of Victims of Sexual Crimes” (hereinafter “former Act on the Punishment, Protection, etc. of Sexual Crimes”).

However, Article 7 (4) of the former Act on the Punishment of Sexual Crimes and Protection of Victims Thereof provides that "the scope of relatives under paragraphs (1) through (3) shall be blood relatives within the fourth degree and relatives within the second degree and relatives within the second degree." According to the facts charged in this case, the victim is not in the relationship of blood relatives within the fourth degree or relatives within the second degree as a father of the defendant's wife, and therefore the above act of the defendant