The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) As to the violation of the Child Welfare Act (sexual harassment, etc. against a child), the victim at the time of the physical contact and sexual intercourse in the instant case cannot be deemed to have low age as a student in the second or third grade of high school, and had sexual values and ability to judge. The victim continued to express the defendant before and after the occurrence of the instant case; the victim visited the defendant's home; the victim did not have sexual acts from the time when the defendant visited the defendant's home, but did not have sexual acts more than once for several months; and the sexual acts between the defendant and the victim did not go beyond the scope of normal sexual relation. In full view of the above, the victim's injury to the victim's chest and sexual intercourse cannot be deemed to fall under sexual abuse under the Child Welfare Act. 2) Since the victim's sexual intercourse occurred in the course of the defendant's sexual intercourse with the victim, there was no intention to do so.

B. The sentence imposed by the lower court (one year and six months of imprisonment, three years of suspended execution, three years of education attendance order, and employment restriction order) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The “sexual abuse” under Article 17 subparag. 2 of the Child Welfare Act refers to sexual harassment, etc. that causes a sense of sexual shame to a child, which may harm a child’s health and welfare, or impede normal development of a child, and sexual violence or cruel acts that do not reach the degree of sexual assault are likely to seriously impede the development of perfect and harmonious personality by violating the concept of sexual assault and creating a sound sexual values of the child.