The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (one year of imprisonment with prison labor and eight months of short term) is too unreasonable.

(2) The defendant and his defense counsel withdrawn the assertion of mistake of facts among the grounds for appeal against the judgment of the court below on the date of the first trial prior to remand. 2. The judgment on the grounds for appeal by the defendant ex officio is ex officio prior to the judgment on the grounds for appeal by the defendant, and the defendant, as a AG student, was a juvenile provided for in Article 2 of the Juvenile Act at the time of the judgment of the court below, but it is apparent that the defendant reached the age of 19. Thus, the judgment of the court below which sentenced the punishment of irregular punishment

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column 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. Article 2(2) and Article 2(1)2 of the Punishment of Violences, etc. Act as to the crime in question; Article 276(1) of the Criminal Act; Article 12(2)3 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); Article 30 of the Criminal Act; Articles 350(1) and 30 of the Criminal Act; Articles 231 and 30 of the Criminal Act; Articles 234, 231, and 30 of the Criminal Act; Article 37 subparag. 10 of the Resident Registration Act (illegal use of a resident registration number)

1. The crimes of fabrication of private documents in Articles 40 and 50 of the Criminal Code, each of them shall be committed.