The remainder of the judgment of the first instance, excluding the part for which an attachment order is requested, shall be reversed.

A defendant shall be punished by imprisonment for four years.

1. Scope of the judgment of this court;

A. The first instance court found the Defendant guilty of having sexual intercourse with a female under the age of 13 by force among the facts charged against the Defendant, and found the Defendant guilty of committing an indecent act on two occasions, and sentenced the Defendant to five years of imprisonment (the first instance court acquitted the Defendant on the grounds of the judgment that the Defendant raped a female victim under the age of 13 on the same factual basis as that of having sexual intercourse with a female victim under the age of 13), and dismissed the prosecutor’s request for attachment order.

With respect to this, only the Defendant appealed on the ground of unreasonable sentencing regarding the guilty portion, and there is no benefit in appeal (see Supreme Court Decision 82Do2476, Dec. 14, 1982). Notwithstanding Article 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, this part is excluded from the scope of the court’s judgment. Accordingly, the scope of the court’s judgment is limited to the remaining part except the requested portion of the order to attach an electronic device in the judgment of the first instance.

B. Meanwhile, the first instance court rendered a not-guilty verdict on the part of the charge of the crime against the Defendant in violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (a minor rape, etc. under the age of 13), among the facts charged in the instant case, on the grounds of the judgment, since only the Defendant appealed on the guilty part in the first instance judgment, and the prosecutor did not appeal on the acquittal portion, the acquittal portion in the first instance judgment is also judged in accordance with the principle of no-guilty appeal, but the part is also judged in the first instance trial because it has already escaped from the object of attack and defense between the parties and cannot be judged in the first instance trial, and it cannot be determined in the final trial as it is. Accordingly, the conclusion of the

2. Summary of the grounds for appeal;