The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. The sentencing of the lower court on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case is deemed to have sexual intercourse with elementary school students of 11 years old who did not establish the concept or ability to judge sexual intercourse.

After the crime of this case, the Defendant demanded the victim to commit self-defense, and the mother of the victim and the victim are not in good condition after the crime of this case.

Even if sexual intercourse with the victim's consent, the crime of this case has affected the victim's right sexual values and identity.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant is the first offender with no criminal power, and the defendant is aware of the crime of this case, and he would not repeat the crime again.

In this court, the defendant did not want to punish the defendant by mutual consent between the victim and the victim.

At present, the defendant is a high school student of 18 years of age, and there is no special problem in the ordinary school life, and the support system within his family is clear, so it seems sufficient to repent.

Such circumstances are favorable to the defendant.

In addition, considering the character, conduct, environment, family relations, motive, means and result of the crime, relationship with the victim, circumstances after the crime, etc., the punishment sentenced by the court below is too unreasonable.

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.