The judgment below

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

A defendant shall be punished by imprisonment for five years.

80 hours per the defendant.

The lower court rendered a judgment that dismissed the prosecutor’s request regarding the part of the Defendant’s case for which the request for attachment order was filed while rendering a conviction on the part of the Defendant case.

Since only the defendant appealed against this, there is no interest in appeal as to the case of the attachment order claim.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the part of the judgment below regarding the request for attachment order is excluded from the scope of the judgment of this court, and only the part of the defendant case belongs to the scope of the judgment of this court.

Summary of Grounds for Appeal

The defendant was sexual intercourse under the agreement with the victim of mistake of facts, and does not have sexual intercourse against the victim's will by force.

However, G, which is the branch of the defendant and the victim, has filed a false report with the victim and made a false statement with the intent to obtain the agreement from the defendant, and stated to the effect that the victim suffered rape damage in the investigative agency and the court below.

Nevertheless, the lower court found the Defendant guilty of the facts charged in this case on the grounds that the victim’s statement was reliable. In so doing, the lower court erred by misapprehending the facts.

The sentence of imprisonment (six years of imprisonment) imposed by the court below on the defendant is too unreasonable.

C. The lower court ordering the Defendant to disclose or notify the personal information for three years, despite special circumstances that may not disclose or notify the personal information to the Defendant in violation of the disclosure order, is unreasonable.

Judgment

Before making decisions on the grounds for appeal by the defendant due to changes in indictment, it will be examined ex officio.

A public prosecutor shall apply the name of the defendant in the trial to the "Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes".