The judgment of the court below is reversed.

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

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The judgment of the court below is judged to be unfair because the defendant recognized all the crimes of this case and divided his mistake in depth, agreed to the victim side and the defendant smoothly in the trial, there is no criminal record against the defendant, the defendant was a juvenile of 17 years old at the time of the crime of this case, and other various sentencing conditions shown in the arguments of this case, such as character and conduct of the defendant, family environment, means and consequence of the crime of this case, and circumstances before and after the crime of this case. Thus, the above argument of the defendant is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11047, Sep. 15, 201); Article 297 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012) concerning criminal facts

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered as favorable circumstances in paragraph (2) above);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances under the preceding paragraph (2));

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The Defendant is fully able to commit the crime under the proviso to Article 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012).