The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for six years.

. against the Defendant.

1. The main point of the grounds for appeal is as follows: (a) the lower court’s imprisonment (five years of imprisonment) is too unhued and unreasonable;

2. Determination

A. The defendant and the respondent for the attachment order (hereinafter "defendant") violated his act, there are some favorable circumstances such as the defendant's act, the absence of criminal records, and the agreement with the victim's guardian's money. However, the crime of this case is extremely poor as the crime of this case was committed by inducing, kidnapping, and sexual intercourse with the victim who was aware of the victim's usual knowledge, and only four years old, and the victim was sexual intercourse. Accordingly, the victim's considerable liability is necessary because the victim suffered a sense of sexual humiliation. Although the victim was the guardian's own money and the victim was agreed, it is not deemed that the victim was the victim's wife, and the victim's wife was his wife. In light of other favorable circumstances, the court below's sentencing conditions such as the victim's age, character and behavior, environment, motive and circumstance of the crime, the method and consequence of the crime, etc. after the crime, etc., are too unfair.

B. According to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, where a prosecutor files an appeal against the judgment on the case of the specific crime case, it shall be deemed that an appeal has also been filed against the judgment on the case of the request for attachment order. However, even if the prosecutor fails to submit legitimate grounds for appeal as to the request for attachment order, and even if examining the judgment of the first instance court, there is no ground to investigate and reverse this part ex officio.

3. As the prosecutor's appeal on the part of the judgment below regarding the defendant's case is well-grounded, the court below reversed the defendant's appeal in accordance with Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders and Article 364 (6) of the Criminal Procedure Act and ruled the following.