The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for forty hours.

1. Summary of grounds for appeal;

A. The lower court’s punishment is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Prior to the judgment on the grounds of appeal by the Defendant and the prosecutor, the Defendant was ex officio examined as the Defendant’s birth BH., and the Defendant was a juvenile under Article 2 of the Juvenile Act at the time of the declaration of the lower judgment, but became an adult in the trial.

The judgment of the court below which sentenced the defendant to an irregular sentence shall not be maintained any longer.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the judgment of the court below is reversed in accordance with the above Article 364 (2) of the Criminal Procedure Act and it is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as stated in each corresponding column of the reasoning of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 7 (5) and (2) 1 of the Act on the Protection of Children and Juveniles from Sexual Abuse, of which the relevant legal provisions and punishment are applicable to the facts constituting the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes committed for a violation of the Act on the Protection of Juveniles from Sexual Abuse on or around 11:00 on the Saturdays in March 2015, which is the most severe crime and criminal circumstances);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (with no criminal history against the Defendant, and the crime of this case is not intended for unspecified general public; the Defendant’s personal information registration and the completion of sexual violence treatment programs can prevent the recidivism of sexual crimes; the Defendant’s age, occupation, and occupation.