The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for three years.

40 hours per the defendant.

1. Scope of the judgment of this court;

A. On September 24, 2015, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part regarding the attachment order case upon conviction on the part of the Defendant case.

2) On January 14, 2016, the Defendant appealed the lower judgment on the grounds of mistake of facts and illegality in sentencing, and the lower court dismissed the Defendant’s appeal on January 14, 2016.

3) The Defendant appealed against the judgment of the lower court before remanding. On January 14, 2016, the Supreme Court partially accepted the Defendant’s appeal and rendered a judgment that reversed the judgment of the lower court prior to remand and remanded the case to this court.

B. According to the grounds of appeal and reversal as to the instant case prior to the judgment, the part of the judgment of the court below regarding the attachment order case shall be separately determined. Thus, the subject of the judgment of the court shall be limited to the part of the Defendant

2. Summary of grounds for appeal;

A. Fact-finding 1) Although the Defendant did not have sexual intercourse with the victim C by taking advantage of the victim C’s non-competence condition, the lower court convicted the Defendant of this part of the charges. In so doing, the lower court erred by misapprehending the legal doctrine on the crime of violation of the Act on the Protection of Juveniles against Sexual Abuse.

2) Although the Defendant violated the Act on the Protection of Children’s Juveniles against Sexual Abuse (comprehion) was unable to resist D, or threatened with assault to the extent that it might make it considerably difficult, the lower court convicted him of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine.

B. The sentencing of the lower court is too unreasonable.

3. Determination

A. The part rejected in the final appeal on the ground that there is no ground for appeal due to the violation of the Act on the Protection of Children against Sexual Abuse (rape) has become final and conclusive at the same time as the judgment was rendered, and the defendant cannot contest this part.