The defendant's appeal is dismissed.

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case against which the defendant was found guilty and the part of the case for which the request for attachment order was filed, and there is no benefit of appeal regarding the part for which the request for attachment order was filed.

Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of

2. The summary of the grounds of appeal: ① The Defendant was found guilty of having committed similar rape by misunderstanding the fact, although he was not guilty of having taken the victim’s sexual intercourse as a result of the Defendant’s handout from his car, even though he was able to look at the victim’s sexual intercourse, and his handout was not put in the victim’s sexual intercourse. ② The sentence (two years and six months of imprisonment, 40 hours of order to complete a program, and 3 years of order to disclose or notify) imposed by the original trial is too unreasonable.

3. Determination

A. According to the following facts and circumstances admitted by the lower court based on the evidence duly admitted and investigated by the lower court, the Defendant could fully recognize the fact that the Defendant placed his fingers into the victim’s sexual intercourse and had a similar rape. Therefore, this part of the Defendant’s assertion is without merit.

1) The Defendant, in the police, divided the part of the victim’s sexual intercourse with his left hand hand, as it is not easily visible that the damaged person left.

The Defendant's grandchildren contacted the victim's sexual intercourse.

(A) As the victim’s gender does not appear, the part can be seen as an even divided part.

”라고 진술하고( 증거기록 10, 11 쪽), 검찰에서는 “ 왼손은 차 앞에 대고 몸을 지탱하면서 몸을 앞으로 구부려 오른손으로 피해자의 성기 윗부분을 손가락을 댔다가 바로 뗐다. ...