The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal did not have any similarity act against the victim E, and even though the victim M was forced to commit an indecent act, the court below found the defendant guilty of all the facts charged. The judgment of the court below is erroneous by misunderstanding the facts, which affected the conclusion of the judgment.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant, as a AG student, was a juvenile under Article 2 of the Juvenile Act at the time of the judgment of the court below, but at the time of the judgment of the court below, it is apparent that he was the adult. Therefore, the judgment of the court below which sentenced a non-scheduled sentence under the Juvenile Act in applying the statutes, became no longer able

B. The defendant's assertion of misunderstanding of facts is still subject to determination despite the above reasons for ex officio reversal of facts. Therefore, this is examined.

The defendant asserted the same as the grounds for appeal in the court below, and the court below rejected the above assertion on this ground as stated in its reasoning. In light of the records and comparison of the reasoning of the court below, the judgment of the court below is just and it is not erroneous in the misapprehension of facts, which affected the judgment.

Therefore, the defendant's assertion is without merit.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the ground that the judgment of the court below ex officio reversals as seen earlier, and it is again decided as follows.

Criminal facts

The summary of the evidence is as shown in the judgment below.

Application of Statutes

1. The fact that the relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and the compulsory act of indecent act by compulsion against juveniles selected as to the crime: The fact that the indecent act by compulsion against juveniles under Article 7(2)2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply): Article 7 of the former Act on the Protection of Children and Juveniles against Sexual Abuse.