The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for five years.

80 hours per the defendant.

The summary of the grounds for appeal is that the punishment (six years of imprisonment) imposed by the court below on the defendant and the person who applied for the medical care and custody (hereinafter referred to as "defendant") is too unreasonable.

Judgment

Before the judgment on the grounds for appeal by the defendant in the part of the case of the defendant, the prosecutor examined ex officio prior to the judgment on the grounds for appeal by the defendant, and at the trial of the court below, the prosecutor applied for the amendment of the indictment with the content that "(h)" was changed to "In Incheon, Seo-gu Q" among the facts charged in the first paragraph (A) [the crime committed by the victim C (the victim C) of sexual crime against the victim C and the violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims to the Protection, etc. of Victims Thereof (the crime by blood by blood)]. This court permitted this and changed the subject of the judgment by this court.

Since a single sentence was sentenced, the part of the case of the defendant in the judgment of the court below was no longer maintained.

As long as the Defendant filed an appeal on the part of the medical care and custody claim case, it is deemed that the Defendant filed an appeal on the medical care and custody case pursuant to Article 14(2) of the Medical Care and Custody Act. However, the Defendant did not submit any grounds for appeal on the medical care and custody claim, and even if examining the lower judgment, the grounds for reversal by ex officio investigation on this part cannot be found.

Therefore, as seen earlier, the part of the judgment of the court below regarding the defendant's case is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the unfair argument of sentencing, and it is again decided as follows. Since the defendant's appeal on the part regarding the claim for medical care and custody among the judgment below is without merit, it is dismissed pursuant to Article 51 of the Medical Care and Custody Act and Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

【Judgment to be rendered again.】