The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal is clear that the sex relationship between the defendant and the victim in this case is by force of the defendant, and the appellate court will modify the indictment as the charge of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive means).

2. Ex officio determination

A. In the trial of the prosecution, the prosecutor changed the existing facts charged of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, the name of the crime in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7(5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the facts charged as stated below. In addition, the name of the crime in the preparatory charge is a attempted crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7(6), (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 29 of the Criminal Act, Article 7(6), (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Act on the Protection of Juveniles against Sexual Abuse,

B. As to this, the defense counsel filed a prosecution with the original prosecutor on the facts charged of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, but at the original trial, the indictment was modified to the facts charged of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse. Although other important evidence was not discovered, the modification of indictment again to the facts charged of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse is not allowed pursuant to Article 329 of the Criminal Procedure Act, and thus, the modification of indictment should not be permitted.

However, since amendments to the indictment are possible not only in the first instance court but also in the appellate court, and since the amendments to the indictment are allowed only to the extent that the identity of the charges is not disturbed, the first instance court shall revise the indictment and then make the first prosecution in the appellate court.