The judgment of the court below is reversed.

Defendant shall be punished by a fine of 6 million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the punishment (limited to eight months of imprisonment, two years of suspended execution, 40 hours of participation necessary to prevent recidivism of sexual crimes, and 40 hours of community service) of the original judgment is too unreasonable;

2. In full view of the facts that the Defendant was a primary offender and was a minor at the time of committing the instant crime, that the Defendant was in depth against the Defendant’s detention period, that was in agreement with the victim, that immediately deleted the motion picture taken, and that all matters regarding the Defendant’s age, occupation, and other sentencing specified in the records and arguments, the Defendant’s assertion is reasonable, since the sentence of the lower judgment is unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where this judgment becomes final and conclusive, a defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the chief of the competent police station pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, and the degree of disadvantage of the defendant resulting from the disclosure order or notification order.