The judgment below

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

A defendant shall be punished by imprisonment for ten years.

. Information on the Defendant.

1. The lower court rendered a judgment of conviction and probation for five years with respect to the case of the Defendant and the case of probation order, and dismissed the prosecutor’s request regarding the case of the request for attachment order.

As the defendant and the person who requested the probation order (hereinafter referred to as the "defendant") have appealed to this issue, the part regarding the request for the attachment order is excluded from the scope of the judgment of this court, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit in appeal.

2. Summary of grounds for appeal;

A. There is no fact that the Defendant has sexual intercourse with the victim on June 2018, around 17:45, around 17:5, around July 2018, around 17:5, around 17:45, around August 2018, around 17:45, and around 17:45, around August 2018 (the crime No. 2-c. d. f.).

The judgment of the court below which found the defendant guilty of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Assault Crimes (13 years old and minor deceptive means, etc.) is erroneous.

B. The sentence imposed by the lower court (12 years of imprisonment, 10 years of disclosure and notification, and 10 years of employment restriction) is too unreasonable.

3. Determination on the grounds for appeal

A. Examining the evidence that the Defendant adopted and examined by the lower court, including the confession made in the lower court’s judgment, the Defendant may sufficiently recognize the fact that he/she had sexual intercourse by inserting his/her sexual organ into the victim’s negative book by force on six occasions from June 2018 to August 2018.

The judgment of the court below which found the defendant guilty of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Assault Crimes (competence of minors under thirteen years of age) is just and there is no error of law

B. The instant crime of determining unreasonable sentencing is 13 years of age in the class of a private teaching institute by force, taking advantage of the net character of the victim, even though the Defendant was in the position of an instructor of the private teaching institute to protect the victim.