1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for four years;

3. Sexual assault against the defendant for forty hours.

1. The gist of the grounds for appeal is too harsh to the court below’s sentence that sentenced the defendant five years of imprisonment without considering the source of punishment, which is a mitigation factor in the sentencing guidelines, even though the defendant received a letter from the victim.

2. Ex officio determination

가. 법률적용의 오류 원심 판시 제1항 기재 범죄는 2013. 2. 말경∽2013. 3. 초순경, 판시 제2항 기재 범죄는 2013. 3. 초순경 각 행해진 것이므로, 판시 제1항 기재 범죄에 대하여는 구 아동ㆍ청소년의 성보호에 관한 법률(2012. 12. 12. 법률 제11572호로 전부 개정되어 2013. 6. 19.부터 시행되기 전의 것) 제11조의2 제2항이, 판시 제2항 기재 범죄에 대하여는 구 성폭력범죄의 처벌 등에 관한 특례법(2012. 12. 12. 법률 제11556호로 전부 개정되어 2013. 6. 19.부터 시행되기 전의 것) 제6조 제5항이 각 적용되어야 한다.

However, the lower court applied Article 8(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 6(5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the time of trial, and subsequently erroneously applied both orders to complete a program, disclose and notify orders, registration of personal information, and applicable Acts to the duty to submit personal information. Therefore

B. The statutory penalty for the crime of a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse is a fine not exceeding 10 years or a fine not exceeding 15 million won. The statutory penalty for the crime of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is imprisonment for a term of not less than five years, and the statutory penalty for the crime of a violation of the Road Traffic Act is a fine not exceeding one year or a fine not exceeding three million won. The lower court selected each imprisonment for the crime of a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and a violation of the Road Traffic Act.

In this regard, the range of punishment for concurrent crimes is from 5 years to 41 years, and the range of punishment is from 2 weeks later.