Of the judgment of the first instance, all of the crimes of Articles 1 through 4 of the judgment of the court below and the second judgment shall be reversed.

Defendant .

1. The first instance court, within the scope of the adjudication of this court, sentenced the conviction of the accused case and the prosecutor’s request regarding the attachment order case, to dismiss the request, and since only the accused appealed, there is no interest in the appeal regarding the attachment order case.

Therefore, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, a legal fiction of appeal, does not apply (see, e.g., Supreme Court Decisions 82Do2476, Dec. 14, 1982; 201Do6705, 201Do20, Aug. 25, 201); and an attachment order case against the Defendant is excluded from the scope of the trial of this Court.

2. Summary of grounds for appeal;

A. Although the Defendant committed an indecent act against the victim as stated in the facts charged, the lower court of first instance (1) has committed an indecent act against the victim, such as misunderstanding of facts (4 and 5 of the original judgment), there was no intention to rape.

(2) In light of the Defendant’s circumstances of unreasonable sentencing, the lower court’s punishment (crimes 1 through 4 of the original decision: Imprisonment with prison labor for four years, and crimes 5 of the original decision: imprisonment with prison labor for three years) is too unreasonable.

B. Considering the circumstances of the instant case at the second instance judgment, the lower court’s imprisonment (two years of imprisonment) is too unreasonable.

3. Determination

A. Ex officio decision (Article 1 through 4 and Article 2 of the Judgment of the court below in the judgment of the court below), this court decided to hold concurrent hearings between the appeal case against the judgment of the court of first instance and the appeal case against the judgment of the court of second instance. Of the judgment of the court of first instance, the facts constituting the crimes of Articles 1 through 4 as stated in the judgment of the court of first instance and the facts constituting the crime of second judgment are in the concurrent crimes between the judgment of the court of first instance in which punishment becomes final and the latter part of Article 37 of the Criminal Act is in the concurrent crimes as stated in the judgment of the court of second instance, and at the same time

In this respect, the first or fourth of the judgment of the court of first instance and the second or fourth of the judgment of the court of first instance cannot be exempted from all reversal.

However, as above.