The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. Defendant: Error of facts, misapprehension of legal principles, misunderstanding of facts, and misunderstanding of legal principles, although there was a fact that the victim was as soon as the Defendant’s sexual organ, such an act was only once and was caused by the victim’s voluntary will, and the time when the act was committed was conducted was around B, 2015. Moreover, there was no tobacco or board and lodging provided. Nevertheless, the lower court found Defendant guilty of the instant crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse ( sex Purchase, etc.). In so doing, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine (the Defendant stated that the above grounds for appeal was erroneous of facts on the trial date, but on the grounds of appeal, stated that “the fact-finding and misunderstanding of legal principles” were “the grounds for appeal,” and thus, both the mistake of facts and misunderstanding of legal principles were stated as the grounds for appeal. 2) The penalty (one million won, etc.

B. Prosecutor: The sentence imposed by the lower court on the grounds of unreasonable sentencing is too unjustifiable.

2. Determination

A. Article 2 subparag. 4 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”) provides that “act of purchasing child or juvenile sex” means an act falling under any of the following items, such as an act of offering or promising a child or juvenile, etc. to offer money, goods, other property benefits, job convenience, etc., or to offer or promise to offer compensation to the child or juvenile, etc., as well as similar sexual intercourse (b) using part of the body, such as the mouth and anus, or implements, to a child or juvenile, or allowing the child or juvenile to do so.

In addition, Article 13(1) of the Act on Protection of Juveniles from Sexual Abuse provides that a person who has purchased child or juvenile sex shall be punished by imprisonment with labor for not less than one year but not more than ten years or by a fine not less than 20,000 won but not more than 50,000