The judgment below

The part against the defendant shall be reversed.

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

except that this judgment.

1. Summary of the prosecutor's grounds for appeal;

A. (1) Under Article 11(1)2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same), Article 11(1)2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) provides that “a person who causes a child or youth to become the counterpart to buying the sex of a child or youth by taking advantage of a deceptive scheme, prepaid or other debt, etc., shall be punished.” In order to apply the above provision, the lower court construed that “a person who causes a child or youth to become the counterpart to buying sex” should be punished. However, the above provision should be construed as having provided a deceptive scheme against “influence of a child or youth.”

(2) The crime of assault and intimidation in violation of the Punishment of Violences, etc. Act differs from the legal interest protected by the law. In the case of this case, the defendant committed assault against the victim and made a threat that the victim may not escape continuously, and such intimidation shall not be deemed as absorption of the act of assault.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment, two years of suspended execution, two years of probation, and 40 hours of order to attend a course) is too uneasible and unreasonable.

2. Determination

A. (1) The prosecutor's judgment ex officio prior to the judgment on the grounds for appeal by the prosecutor, and the prosecutor tried to examine the facts charged as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case, and changed the applicable provisions to the facts charged as stated in paragraph (1) of the same Article, and applied for changes in indictment by changing them to Article 11 (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and this court permitted the change to the subject of the judgment, and the modified part