The defendant's appeal is dismissed.

The court below's scope of adjudication was sentenced to a judgment dismissing the prosecutor's request with respect to a case prosecuted against the defendant in the judgment of conviction, and the defendant appealed only against the defendant. Accordingly, there is no benefit of appeal with respect to the request for attachment order.

Therefore, notwithstanding Article 9(8) of the Act on Probation 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, and only the part of the judgment below on the defendant case belongs to the scope of the judgment of this court.

Summary of Grounds for Appeal

In relation to the mistake of facts concerning indecent act by compulsion, misunderstanding of legal principles on May 4, 2013, the Defendant was at the time, and there was no other fact that the victim was at the time at the time, and there was no other fact leading the victim to or leading to the victim.

In relation to indecent act by compulsion on May 5, 2013, the Defendant’s grandchildren had contact the victim’s body in the course of leaving the victim who was at the edge of the time at the time, and covering the victim with the center, and attracting the victim. However, the Defendant did not have the intent of indecent act by compulsion, and it is difficult to view the Defendant’s above act as indecent act by compulsion.

The sentence of unfair sentencing (two years and six months of imprisonment) by the lower court is too unreasonable.

Judgment

As to the assertion of mistake of facts or misapprehension of legal principles regarding indecent act by compulsion, the defendant and his defense counsel denied this part of the charges with the same content as the grounds for appeal in the trial of the court below.

The lower court, based on the evidence duly admitted and investigated, found the following circumstances: ① The time and place of the occurrence of the instant case from the investigative agency to the court below, and the method and circumstances of indecent act by compulsion.