The judgment below

The guilty portion of the defendant's case and each of the violations of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Summary of Reasons for appeal

A. According to the evidence submitted by the prosecutor, including the misunderstanding of facts and misapprehension of legal principles, the fact that the defendant and the respondent for the attachment order (hereinafter “the defendant”) committed each assault against the victim who is a child or juvenile around September 2016 and around October 2016 and rape (hereinafter “the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse”) and photographs against the victim’s mobile phone around February 2015 or around February 2016 (hereinafter “the victim’s body was taken against the victim’s will to cause sexual humiliation or shame”). However, the lower court erred by misapprehending the facts or by misapprehending the relevant legal principles, thereby acquitted the victim of each charges.

B. The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

2. As to the part of the defendant case

A. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.

A prosecutor shall maintain the facts charged as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compontion) committed by each of the lower courts, while keeping the name of the crime in his primary charge as “Assault,” and the applicable provision of the Act as “Article 260(1) of the Criminal Act,” and the ancillary facts charged below [the reasons for the second judgment] added the same content as “Article 1 of the Criminal Act,” and the subject of the judgment was changed following the court’s permission.

As examined below, this Court acquitted each of the charges of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the primary facts charged at the trial court, and convicted each of the charges of assault, which is the primary facts charged. As such, this part of the judgment of the court below, which is only the primary facts charged, could no longer be maintained.