The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

Defendant

The punishment sentenced by the court below to the defendant (three years of imprisonment) is too unreasonable.

In light of the overall circumstances before and after the crime of this case, the prosecutor's mistake of facts and misapprehension of legal principles - intimidation of the victim's parent or school to know about the sexual intercourse and sexual relation when the defendant continued to death with the victim and did not respond to the sexual relation with him/her should exceed the mere appearance of the victim and make it impossible or considerably difficult to resist the victim. However, the judgment of the court below which acquitted the victim of the reason for the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), which is the primary charge of this case, is erroneous in the misapprehension of facts or by misapprehending legal principles, which affected the conclusion of the judgment.

The sentence imposed by the court below on the defendant is too uneasible and unfair.

Judgment

The court below found the defendant guilty of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), which is the primary charge, on the ground that the defendant's intimidation cannot be deemed to be impossible or considerably difficult to resist the victim's resistance in light of the circumstances acknowledged by the above evidence, although the court below found the defendant guilty of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), based on the evidence duly adopted and examined by the court below, that the fact-finding and decision of the court below are justified, and it erred by misapprehending the legal principles or by misapprehending the legal principles as asserted by the prosecutor.