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

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. It shall be considered ex officio before judgment on the grounds for ex officio appeal following changes in indictment.

Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is amended to “Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct by Minor Offenders under the age of 13)”, a public prosecutor who has committed a crime against the defendant, and the applicable law thereof changed to “Article 7(5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,” and “Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes” as “Article 7(5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,” which is the

“Indecent act” was committed by deceptive means or by force.

The judgment of the court below is no longer maintained inasmuch as the amendment of the Bill of Indictment was applied for, and since this Court permitted it, the judgment of the court below cannot be maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court was the indecent act by force in the second page of the judgment of the court below.

“Indecent act” was committed by deceptive means or by force.

Except for the dismissal of "ro-do," it is identical to each corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of a sentence (elective imprisonment);

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;