The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment for a period of two years and six months.

1. Scope of the judgment of the court of first instance concerning this Court;

A. As to the judgment of the court of first instance on the part of the case of the defendant, since only the defendant filed an appeal, the part which the court of first instance found the defendant not guilty on the grounds of the defendant among the judgment of the court of first instance on the ground of the judgment of the court of first instance, is not in fact subject to adjudication (see Supreme Court Decision 90Do2820, Mar. 12, 1991). This part is in accordance with the conclusion of the court of first instance, and is in accordance with the conclusion of the court of first instance on the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the judgment of the court of first instance which is in a relationship with this part, the defendant shall not be acquitted separately from the judgment.

B. Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders on the Electronic Monitoring, Etc. is excluded from the scope of the judgment of this court, as the court below rejected the prosecutor’s request for attachment order.

2. Summary of reasons for appeal;

A. Fact-finding misunderstanding [the judgment of the court below of the first instance that violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the indecent act committed by a minor under the age of 13)], the defendant did not have the intent to commit an indecent act against the victim, and the defendant's act as stated in the facts charged does not constitute an indecent act because it cannot be viewed as infringing the victim's sexual freedom, but there is an error in the misapprehension of facts

B. Sentencing (No. 1 and No. 2 of the lower judgment stated in the grounds of appeal against the second instance judgment on the grounds of mental and physical loss or mental weakness as to the grounds of appeal. However, the Defendant and his defense counsel asserted the second instance judgment as to the grounds of appeal on the grounds of unfair sentencing on the second trial date. As such, the Defendant and his defense counsel stated in the second instance judgment on the grounds of appeal only, the mental and physical loss or mental weakness

B. A review of the record of A.I.D.