The judgment below

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

A defendant shall be punished by imprisonment for five years.

The defendant shall be 40 hours.

1. The court below sentenced the defendant's conviction on the part of the defendant's case and the part of the attachment order case to dismiss the prosecutor's request. Since only the defendant appealed on this appeal, the part of the attachment order case to be appealed from the defendant, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit to appeal, this part is excluded from the scope of the judgment of this court (see Supreme Court Decision 82Do2823, 82Do611, Jan. 18, 1983). 2. The summary of the grounds of appeal is unreasonable because the court below's punishment (five years of imprisonment) imposed on the defendant is too unreasonable.

3. Determination ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio determination;

In the trial of the case, the prosecutor applied for changes in the bill of amendment to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes to "Article 7 (4) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes" and Article 299 of the Criminal Act, and this court's permission and permission so that

4. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the judgment below on the defendant's case is reversed, and it is again decided as follows through pleading.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of the evidence recognized by the court and summary of the evidence are identical to the facts of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (No. 15, 2010) stated in the judgment, and Article 10258 of the former Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (No. 10258, Apr. 15, 2010).