1. The part of the judgment below regarding the defendant's case shall be reversed.

2. The defendant shall be punished by imprisonment for a period of two years and six months;

3. The defendant.

1. Summary of grounds for appeal;

A. Prosecutor 1) The victim of mistake of facts consistently stated in the investigative agency and the court below that the Defendant’s sexual organ was partially inserted in the victim’s sexual organ. Such victim’s statement has credibility. Nevertheless, the court below determined that the crime of rape in this case cannot be readily concluded solely on the grounds stated in its reasoning. In so doing, the court below erred by misapprehending the facts and affecting the conclusion of the judgment. 2) The court below erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The imprisonment (two years and six months) sentenced by the court below to the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

3) As to the part of the request for attachment order, the Defendant was sentenced to imprisonment with prison labor for a sexual crime and the execution of a sentence to imprisonment with prison labor for a period of 11 months was completed, and the Defendant again committed a sexual crime against a juvenile. However, the lower court dismissed the Defendant’s request for attachment order of this case on the ground that there is no evidence to prove that there is a considerable probability of undermining the legal peace by again committing a sexual crime in the future. The lower court erred by misapprehending the legal doctrine on the risk of recidivism or by misapprehending the legal doctrine on the risk of recidivism, which affected the conclusion of the judgment. (B) The lower court asserted that the Defendant’s punishment is too unreasonable (the Defendant asserted that the lower court erred in misunderstanding of facts, but the Defendant withdrawn

2. Determination

가. 피고사건 부분에 대한 검사의 사실오인 주장에 대하여 1) 이 사건 공소사실의 요지 피고인은 2013. 10.경 스마트폰 채팅 애플리케이션인 ‘즐톡’을 통해서 청소년인 피해자 C(여, 14세 를 알게 되자 피해자와 성관계를 갖기로 마음먹고 계속 문자를 주고받으며 만남을 시도하던 중, 2013. 11. 6.경 피해자와...