The judgment below is reversed, and the case is remanded to the Gwangju High Court.

The prosecutor's grounds of appeal are examined.

Article 8-2(5) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (amended by Act No. 10258, Apr. 15, 2010) and Article 7(5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against minors under the age of 13 through fraudulent means are "the right to create sexual identity and values without psychological disability in the absence of improper sexual records or physical records from outside." In the above crime, "defensive means" means that an actor misleads the other party as an indecent act in the mental condition of the other party, raises awareness of such an indecent act and achieves the purpose of the indecent act by taking advantage of such mental condition of the other party, referring to misconception, awareness of the indecent act itself, and site 20 years prior to the judgment of the court below, and thus, constitutes an indecent act against the other party, 20 years prior to the judgment of the court below, 30 years prior to the determination of the victim's general average sexual humiliation or sexual morality, and 4 years of the victim's.