The judgment of the court below is reversed.

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

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

misunderstanding the substance of the grounds for appeal and misapprehension of the legal doctrine, the Defendant’s “indecent act” by means of “Assault” solely on the ground that “the victim’s neck was not sealed by the right arms, and the part of the victim’s chest was cut off with the sole floor of the lush hand.”

Although Article 305 of the Criminal Act is not applicable to the defendant's act, the court below's decision that recognized the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against minor under the age of 13), is erroneous in the misapprehension of facts or the misapprehension

The punishment sentenced by the court below to the defendant (two years and six months of imprisonment and three years of suspended execution) is too unreasonable.

We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The lower court merely confirmed that most of the stenographic records No. 5 of the contents of video recording CDs and the stenographic records of the evidence No. 195 by a statement made by a person in a fiduciary relationship who was present in the investigative agency in the course of investigation are consistent with the contents of the video recording CDs and the stenographic records No. 5 of the evidence evidence, and with respect to “ stenographic records” recorded after the recording of the contents of the video recording CDs, it cannot be admitted as evidence because it is not proven by the statement of the originator (Article 313(1) of the Criminal Procedure Act). Based on the above confirmation,

In light of the above, the judgment of the court below is erroneous in the misapprehension of legal principles as to admissibility of evidence, and thus, the judgment of the court below cannot be reversed.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and the judgment of the court below is reversed and it is again decided as follows.

【Grounds for a new judgment】 Facts constituting a crime recognized by the court is recorded in the corresponding column of the judgment of the court below.