The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. It is unreasonable for the lower court to order the Defendant to disclose or notify personal information to the public by asserting unfair sentencing (7 years of imprisonment) against the Defendant and the person subject to a request for an attachment order, and the person subject to a request for a probation order (hereinafter “Defendant”) 1) on the ground of unfair sentencing.

B. Prosecutor 1) It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order and a request for probation order against the Defendant, on the grounds that the sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. The court below determined ex officio as to the request for an attachment order and the part concerning the request for a probation order by summary investigation pursuant to the summary investigation document, as to whether the defendant constitutes "a person who is deemed likely to recommit a sexual crime" under Articles 5(1) and 21-2(1)1 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, and there is no indication in the list of evidence in the trial records of the court below that the court below examined the above summary investigation document.

As such, the part of the judgment of the court below regarding the request for attachment order and the request for probation order is erroneous in determining the defendant's risk of recidivism of a sexual crime pursuant to the above summary request investigation without lawful examination of evidence.

In this respect, the part of the judgment of the court below concerning the attachment order and the probation order request cannot be maintained any longer.

3. Determination on the part of the case of the defendant

A. The instant case concerning the assertion of unfair sentencing is that the Defendant raped the victim by taking advantage of a special trust relationship between an instructor and a trainee, and the nature of the offense was serious, and the victim became aware of self-harm and insects in the instant case, and further, entering the art high school.