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. Summary of grounds for appeal;

A. The Defendant was unaware of the fact that the victim was under 13 years of age.

B. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

(c)

The punishment of the court below (three years and six months of imprisonment) which is unfair in sentencing is too unreasonable.

3. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly examined by the lower court as to the assertion of mistake of facts, the Defendant could sufficiently recognize that the victim was under 13 years of age at the time of committing the instant crime, and thus, the Defendant’s assertion on this part is not acceptable.

(1) The Defendant, at the police station, was an elementary school student, even though the victim did not think that he was the sixth-year student at an elementary school.

It seems too far.

2) The Defendant also stated that “In the first hosting, the victim is well-known.”

On the other hand, it was known that he was the third grade or undergraduate students of the match, and that he was the victim, and it was too difficult to look at the victim, and even in the case of the breath of the breath of the elementary school, the number of the elementary school students was about the first grade of the middle school.

“The evidence record 231, 239 pages).” (3) In the case of ordinary sixth-year students at elementary school, the Korean food age.