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

However, for a period of two years from the date this judgment becomes final and conclusive.

2. The offense is not good in light of the method of indecent act committed by the accused and the degree of damage.

However, the court below's punishment seems to be somewhat unreasonable if it examines all other conditions of sentencing as shown in the records, including the Defendant's age, character and behavior, environment, circumstances after the crime, etc., as well as the fact that the Defendant committed the crime in this case in depth, and did not repeat again, following the sentence of the court below, that the Defendant agreed with the victim smoothly after the sentence of the court below, and that the Defendant was the primary offender.

Therefore, the defendant's assertion of unfair sentencing is justified.

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] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the offense and summary of evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the selected criminal law, Article 62 (1) of the Criminal Act of the suspended sentence of imprisonment;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Where a conviction becomes final and conclusive on the facts constituting a crime in which a person is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a defendant falls under a person subject to registration of personal information under Article 42(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act

The defendant's age of exemption from the disclosure order and notification order;