The judgment of the court below is reversed.

The punishment of the accused shall be determined by three years and six months.

40 hours per the defendant.

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (one-year imprisonment, etc.) is too unreasonable.

2. In determining whether the Defendant committed a similar act by force against the victim, who is a child of 12 years of age, who should be protected in society when the Defendant establishes sexual identity and values, the crime is not good, and the victim suffered serious physical and mental impulse and pain due to the instant crime, as well as the need for considerable time and effort to overcome the confusion in sexual values and to cure the situation. The victim’s parents also suffered considerable mental impulse and pain due to the instant crime, etc. are disadvantageous to the Defendant.

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflected the mistake, that the defendant expressed in the appellate trial that the defendant was not subject to punishment against the defendant in the victim's agreement with the victim, that the defendant has no record of criminal punishment, and that the defendant was a minor of 18 years of age at the time of the crime of this case.

In addition, considering the various circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, and circumstances after the crime, the sentence sentenced by the court below is too unreasonable.

The above assertion by the defendant is with merit.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 7(5) and Article 7(2)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes.