The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault, 80 hours against the defendant.

1. The court below found the defendant not guilty under the latter part of Article 325 of the Criminal Procedure Act on the ground that the victim was locked only when the locked person was dead, and the awareness was clear, and thus it cannot be deemed that the victim was in the state of mental or physical disability or failing to resist. However, the court below found the defendant not guilty under the latter part of Article 325 of the Criminal Procedure Act on the grounds that the defendant was guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compact between minors, etc. under thirteen years of age) in the same factual relation, and sentenced the defendant guilty of the remainder of the charges.

Therefore, since the defendant and the prosecutor appealed only about the guilty portion, the verdict of innocence was delivered to the trial in accordance with the principle of no appeal (see, e.g., Supreme Court Decision 90Do2820, Mar. 12, 1991). As to this part, the decision of innocence of the court below is in accordance with the theory of no appeal (i.e., the decision of the court below on the innocence of the court below which forms the conclusion shall not be judged again), and only the conviction recognized by the court below shall be determined as follows.

Therefore, the scope of this court's judgment is limited to each guilty part of the judgment below.

2. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. Prosecutor 1) The above sentence imposed by the lower court on the grounds of unfair sentencing is unreasonable because it is too uneasible and unfair. 2) It is unreasonable for the lower court to exempt the Defendant from the disclosure and notification order, even though there are no special circumstances that may not disclose or notify the personal information of the Defendant.

3. Ex officio determination

A. The defendant's defense counsel in the part of Paragraph (1) of the criminal facts in the judgment is only an indecent act against the victim at the time of committing the crime under Paragraph (1) of the judgment.