1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for a period of two years and six months;

3. Sexual assault against the defendant for forty hours.

1. The summary of the grounds for appeal (two years and six months of imprisonment) of the lower court is too unreasonable;

2. We examine ex officio prior to the determination of the Defendant’s grounds for appeal on the grounds of appeal.

A. The prosecutor changed the name of the crime of each of the crimes of paragraph (1) of the judgment below in the "Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.)" in the "Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse" as stated in the judgment of the court below, and changed the applicable provisions of Article 7 (5) and (1) of the "Act on the Protection of Children and Juveniles against Sexual Abuse" to "Article 7 (5) and (2) 1 of the "Act on the Protection of Children and Juveniles against Sexual Abuse" as stated in the judgment of the court below, and applied for changes to the indictment of the crime of paragraph (1) of the judgment below as stated in Article 7 (1) of the "Act on the Protection of Children and Juveniles against Sexual Abuse

B. The lower court applied Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020; hereinafter “Act No. 15977”) to the criminal facts of taking pictures using paragraph (2) camera, etc. as indicated in the lower judgment.

However, Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; hereinafter “Act No. 11556, Dec. 18, 2018”), which was enforced from December 18, 2018, provides that statutory punishment shall be punished by imprisonment for not more than five years or by a fine not exceeding 10 million won, and Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 201; hereinafter “Act No. 11556, Dec. 1, 1556”). As such, Article 1154(1) shall apply to this part of the criminal facts

The lower court erred by applying Article 14(1) of the Act on 15977 as to this part of the facts constituting the crime.