The defendant's appeal is dismissed.

1. The court below rendered a judgment dismissing the prosecutor’s request with respect to the case of the attachment order claim while rendering a judgment of conviction against the defendant, and the defendant appealed only against this, and thus, there is no benefit of appeal with respect to the case of the attachment order claim.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the part of the judgment below regarding the application for attachment order to the defendant is excluded from the scope of the judgment of this court, and only the part of the defendant case falls under the scope of the judgment of this court.

2. Summary of grounds for appeal;

가. 사실오인 주장 피고인은 원심 판시 제3항과 같이 피해자의 음부에 성기를 삽입하여 피해자를 간음한 사실이 없고, 단지 피해자의 엉덩이 사이에 성기를 대고 비볐을 뿐임에도 이 부분 공소사실을 유죄로 인정한 원심판결에는 사실오인의 잘못이 있다.

B. The sentence imposed by the lower court (seven years of imprisonment) on the ground of unfair sentencing is too unreasonable.

3. Determination

A. In the judgment of the court below as to the assertion of mistake of facts, the defendant argued the same purport as this part of the grounds for appeal, and the court below acknowledged that the defendant had sexual intercourse with the victim by inserting his sexual organ into the victim's sexual organ as stated in paragraph (3) of the facts constituting the crime in the judgment of the court below, taking into account the circumstances acknowledged by the evidence duly adopted and investigated by the court below in the "judgment

In full view of the following circumstances recognized by the court below and the evidence duly adopted and examined, the court below's aforementioned judgment is deemed to have been justified, and the defendant has sexual intercourse with the victim by inserting the victim's sexual organ into the victim's sexual organ. Thus, the court below's judgment is consistent with the defendant's assertion.