A defendant shall be punished by imprisonment for not less than three months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

2. In full view of the following facts: (a) the Defendant led to the confession of and reflects on the instant crime; (b) the victim does not want to punish the Defendant any longer by mutual consent with the victim after the judgment of the court below was rendered; (c) the Defendant did not have the record of the same punishment; and (d) the Defendant’s age, character and conduct, living environment, and the conditions of sentencing specified in the records and arguments, such as the circumstances before

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the records in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant’s distorted sexual impulse, revealed through the instant crime, is expected to be considerably improved by the principal and incidental disposition imposed on the Defendant; the Defendant’s age, family environment, social relationship, occupation, and course and consequence of the instant crime; the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure notification order; and the prevention effect and effect of sexual crimes that may be achieved therefrom.