The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for three years.

except that this judgment.

1. The summary of the grounds for appeal: The sentence of the lower court (the maximum of four years of imprisonment and the minimum of three years and six months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

A. As to the accused case, the Defendant was born on February 27, 2001 and was sentenced to an irregular term of imprisonment as stipulated in Article 2 of the Juvenile Act at the time of the pronouncement of the lower judgment, but it is apparent that the Defendant became 19 years of age at the time of the pronouncement of the lower judgment and did not constitute a juvenile, and therefore, the part of the Defendant case among the lower judgment that sentenced the Defendant to an irregular term of imprisonment was unable to be maintained as is.

B. As to the request for probation order, the lower court determined that the Defendant is likely to recommit a sex crime, and sentenced the Defendant to probation order pursuant to Article 21-3(1) of the Act on Probation and Electronic Monitoring Request, Etc. for Specific Criminal Offenders.

However, the part of the judgment of the court below regarding the defendant's case cannot be sentenced to probation order against the defendant pursuant to Articles 21-8 and 9 (4) 4 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, so the part of the judgment below's request for probation order cannot be maintained.

3. The part of the judgment of the court below regarding the defendant is reversed in accordance with Article 364(2) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders without examining the defendant's assertion of unfair sentencing, and the part of the judgment of the court below against the defendant is reversed, and the following is again decided after pleading.

The reasons for the new judgment: The part of the judgment of the court below against the defendant.