The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for 80 hours.

1. As to the part of the Defendant case, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part regarding which the request for attachment order was sought, and only the Defendant appealed.

Therefore, there is no benefit in appeal as to the part of the case of the attachment order against the defendant.

I would like to say.

Therefore, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, the legal fiction of appeal, does not apply (see, e.g., Supreme Court Decision 2011Do6705, 2011Do20, Aug. 25, 2011). As such, the part regarding the claim for attachment order against the Defendant, which is the legal fiction of appeal, is unreasonable. Accordingly, the part regarding the claim for attachment order against the Defendant, is excluded from the scope of the trial of

2. The summary of the grounds for appeal is unfairly hot (such as imprisonment with labor for three years) imposed by the court below on the defendant.

3. Ex officio determination - The prosecutor, prior to the judgment on the grounds for appeal to change the indictment, applied for changes in the indictment to "the name of crime: Indecent act by compulsion, applicable provisions of law: Article 298 of the Criminal Act" among the facts charged in the instant case on March 25, 2014. Since this court permitted this, the judgment of the court below cannot be maintained any longer.

4. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground that the above ground for reversal exists ex officio. It is again decided as follows.

[Discied Reasons for the Judgment] Facts of crime and summary of evidence recognized by the court, and summary of evidence, as stated in the judgment of the court below, No. 1 of the judgment below

A. The part of the facts constituting the crime in paragraph 3 is deleted, and paragraph 2 is followed.