The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for three years.

except that this judgment.

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. The judgment of the defendant committed or attempted to commit a sexual intercourse with the victim of 12 years of age who has not yet been physically or mentally mature. The crime of this case appears to have a negative impact on the formation of the victim's sexual identity and values, and the victim is a student of the axis classroom that the defendant instructs, despite the special duty to protect the defendant, and the fact that the defendant committed a crime is disadvantageous to the defendant.

The fact that the defendant did not exercise any tangible force against the victim during the course of committing the crime, that there was no record of criminal punishment against the defendant, that the defendant has recognized his mistake and reflects it, that the defendant is still aged 23 years old, that the victim's parents do not want the punishment of the defendant, that the parents of the victim do not want the punishment of the defendant, and that the family members of the defendant are leading to the defendant, etc. are favorable to the defendant.

In addition, in full view of the various circumstances such as the defendant's age, character and conduct, motive, means and consequence of the crime, the circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, the punishment sentenced by the court below is too unreasonable.

3. Since the appeal by the defendant is well-grounded, pursuant to Article 364(6) of the Criminal Procedure Act, the part of the case by the defendant among the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the corresponding part of the judgment of the court below, and thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 305 and 297 of the Criminal Act concerning criminal facts, and Articles 305 and 300 of the Criminal Act;