The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and six months of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Examining the various sentencing conditions in the instant case, in light of the fact that the instant crime committed sexual intercourses on two occasions with the victim who was physically and mentally familiarly familiarly 11 years old, and that such sexual intercourses led to a negative impact on the victim’s normal development of sexuality, the crime’s nature and criminality are disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized his/her own crime and reflects his/her mistake in depth, that he/she did not exercise force during the course of the crime of this case, that the court below deposited KRW 1,50,000 for the victim, that additional KRW 13.5 million was paid in advance and the victim did not want the punishment of the defendant, that there was no history of the same crime, that there was no history of the crime other than the one-time fine, that there was no possibility of edification and improvement in the young age, etc.

In full view of the following factors: (a) the Defendant’s age, sex and environment, family relationship, motive, means and method of committing a crime; and (b) the circumstances after committing a crime, which are unfavorable or favorable to the Defendant; and (c) the sentence of one year and six months sentenced by the lower court is too unreasonable.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. The prosecutor's appeal is without merit, but the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again reversed and it is again decided as follows