The appeal filed by the defendant, the person subject to the attachment order and the person subject to the probation order and the prosecutor is dismissed.

1. Summary of grounds for appeal;

A. The punishment (two years of imprisonment, 120 hours of order) imposed by the lower court on the Defendant, the person against whom the attachment order was requested and the person against whom the attachment order was requested, and the person against whom the probation order was requested (hereinafter “Defendant”), is too unreasonable.

B. Prosecutor 1) According to the statement of the victim of mistake of facts, etc., the part concerning the defendant's case A) can be acknowledged that the defendant was guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similar nature to a minor under thirteen years of age) among the facts charged in the case of this case, since the defendant was found guilty of having come to the victim's inside.

B) The sentence imposed by the lower court on the Defendant is too uneasible and unreasonable. 2) Since the Defendant committed a sexual crime against the victim under the age of 19 and is likely to recommit a sexual crime, it is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case.

2. Determination of the accused case

A. Judgment on the Prosecutor’s misunderstanding of facts 1) The summary of this part of the facts charged is the victim C (I, 6 years of age).

피고인은 2016. 4. 10. 08:10경 김해시 D에 있는 자신의 주거지 작은방에서, 자고 있던 피고인에게 다가와 “안 일어나”라고 말하는 피해자를 보고 욕정을 느껴 피해자를 자신의 옆에 �게 하고 덮고 있던 이불로 피해자를 덮어 씌워 저항하지 못하게 한 다음 피해자가 입고 있던 수면 바지와 팬티를 강제로 벗기고, 피고인도 입고 있던 팬티를 허벅지까지 내린 후 손가락을 피해자의 음부 안쪽으로 넣어 만지자 피해자가 아파하며 피고인의 손을 잡아 뺐음에도 불구하고 계속하여 피해자의 음부 안쪽으로 손가락을 넣어 만졌다.

Accordingly, the defendant is the victim under 13 years of age.