The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that this judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum term of three years and short term of two years) imposed by the court below is too unreasonable.

2. Ex officio determination of the Defendant, as AE students, falls under “juvenile” as stipulated in Article 2 of the Juvenile Act at the time the lower judgment was rendered, and was sentenced to an irregular term, but it is apparent that the Defendant was not a juvenile under the age of 19 as of the time of sentencing at the trial of the lower court. As such, the part of the lower judgment against the Defendant was no longer maintained.

3. If so, the part of the judgment of the court below against the defendant is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows through pleading.

【Reason used again for the defendant’s facts constituting a crime and the summary of the evidence admitted by this court to the defendant. The summary of the facts constituting a crime and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act, except where the court below’s “from the above date to August 24, 2018” in Article 1-A (Class 3 16 of the original judgment) of the facts constituting a crime of the court below, “from the above date to August 24, 2017,” as stated in each corresponding column of the court below.

Application of Statutes

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 14 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as "incrimination of sexual traffic against children and juveniles"), and Article 260 (1) of the Criminal Act (the occupation of violence and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse, which has heavier punishment];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Suspension of execution has been repeated under the favorable circumstances among the reasons for sentencing under Article 62(1) of the Criminal Act.