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 becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The judgment of this case is an unfavorable circumstance to the Defendant for the following reasons: (a) the Defendant had a sexual intercourse with a victim of 12 years of age who was born in the sixth grade of elementary school; (b) the Defendant’s sexual intercourse with a victim of 12 years of age who was born in the sixth grade of elementary school; (c) the Defendant

On the other hand, the fact that the Defendant was living for about eight months in depth, committed a sexual intercourse between the Defendant and the victim on the Internet hosting room, i.e., seeking a person to have sexual intercourse, and there was no violence or pressure in the process leading up to sexual intercourse, and the Defendant appears to have not completely mature the ability to determine as a minor at the time of committing the instant crime, is favorable to the Defendant.

Considering the above circumstances, comprehensively taking into account the sentencing factors such as the Defendant’s age, sexual conduct, environment, the background of each of the instant crimes, and the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 305, Article 297 of the Criminal Act (the points of deemed rape of each minor), Articles 305 and 297-2 of the Criminal Act (the points of similar rape of each minor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (the punishment shall be aggravated for concurrent crimes with the punishment prescribed for the crime of rape of a minor on December 20, 2014, with the largest penalty);

1. Articles 53 and 55(1)3 of the Criminal Act (the grounds for appeal) of the mitigated amount of punishment