A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

A. The court below erred by misapprehending the legal principles as follows.

1) 원심판시 범죄사실 제1항의 경우에 피고인과 피해자 사이에 그 기재와 같은 신체접촉이 있었던 것은 사실이나, 피해자를 추행하려는 고의가 없었다. 2) 원심판시 범죄사실 제2항의 경우에, ① 피해자의 가슴 부위를 접촉한 사실은 있으나, 옷 위로 손을 댔을 뿐 그 기재와 같이 옷 속으로 손을 넣어 가슴을 만진 사실이 없고 그 경위와 정도가 공소사실 기재와 다르며, ② 피고인이 피해자에게 항거불능 상태에 이르게 할 정도의 유형력을 행사한 바 없다.

3) At the time of each of the instant crimes, the Defendant did not recognize that he was the victim under the age of 13. B. The imprisonment sentenced by the lower court (two years and six months of imprisonment and the completion of forty hours of sexual assault treatment programs) is too unreasonable.

2. Determination

A. The Defendant examined the same argument as the grounds for appeal in the lower court’s determination of mistake, and the lower court rejected all the above arguments in light of the consistent and reliable statements of the victim, the statements of the relevant parties, and the specific circumstances at the time of the submission of the aforementioned statements, etc., in detail, with the detailed statement of the judgment on the argument under the title “determination of the Defendant and the defense counsel

Examining the judgment of the court below closely with the records, the judgment is just, and there is no error of law by mistake of facts as alleged by the defendant.

Therefore, this part of the defendant's assertion is rejected.

B. The instant crime on the assertion of unfair sentencing is an indecent act against the victim at the time of establishing sexual identity and values, and the crime is not good, and the victim seems to have suffered considerable mental pain due to the instant crime, and thus, the Defendant appears to have suffered considerable mental pain.