The judgment below

The part of the defendant's case shall be reversed.

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

except that this judgment.

1. The summary of the defendant's grounds for appeal is too unreasonable that the sentence imposed by the court below (two years of imprisonment, four years of probation, one hundred and sixty hours of community service order, one hundred and twenty hours of lecture attendance order) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, Article 303 of the Criminal Procedure Act provides that the defendant and his/her defense counsel shall be given an opportunity to make a final statement. However, on the third trial of September 12, 2013, the lower court may recognize the fact that the presiding judge, on the third trial of September 12, 2013, has given the defendant and his/her defense counsel an opportunity to present their opinions, and without giving the defendant and his

Ultimately, the lower court erred by failing to give the Defendant and his defense counsel an opportunity to make a final statement.

(1) The court below's decision is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the defendant's case in the judgment below is reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. An order to provide community service or attend a lecture, Article 62-2 of the Criminal Act, and children and juveniles;