The defendant's appeal is dismissed.

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the attachment order case upon conviction on the part of the defendant’s case. Since only the defendant appealed, there is no benefit of appeal regarding the part of the attachment order case.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders, the part of the judgment of the court below concerning attachment order is excluded, and the scope of the judgment of this court is limited to the part concerning

2. Summary of grounds for appeal;

A. 1) The Defendant, by means of misunderstanding of facts, etc., committed an assault against the victim with the consent of the victim, and thus, is dismissed from illegality. 2) The Defendant did not commit an act of inserting the Defendant’s sexual organ inside the mouth of the victim, or rape the victim by intimidation, such as the victim’s sexual intercourse only with the consent of the victim and the spread of sexually related dynamic images with the victim.

3. Nevertheless, the court below found all of the charges of this case guilty. The court below erred in the misapprehension of the rules of evidence, incomplete hearing, mistake of facts, and misapprehension of legal principles.

B. The lower court’s sentencing is too unreasonable.

3. Determination

A. Determination of misunderstanding of facts, etc. 1) The consent of the victim whose illegality is excluded pursuant to Article 24 of the Criminal Act should not only be the consent of the person able to dispose of it by law in the event of infringing personal legal interests (see Supreme Court Decision 85Do1892, Dec. 10, 1985; Supreme Court Decision 85Do1892, Dec. 10, 1985; Supreme Court Decision 85Do1892, Dec. 10, 1985; the evidence duly adopted and examined by the court below and the court below; i.e., the following circumstances acknowledged by the victim, namely, ① the victim’s consent is not only when the victim voluntarily takes the place, but also when the defendant