The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for five years from the date this judgment becomes final and conclusive.

1. The Defendant, on the fourth trial date, withdrawn a mistake of facts on the grounds of appeal.

The punishment of the court below (three years of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the lower court: (a) applied Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) and Article 298 of the Criminal Act; and (b) Article 7(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) sentenced the Defendant to three years of imprisonment with prison labor for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, by choosing a limited term of imprisonment for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (d) imposing a limited term of imprisonment for the Defendant

However, the statutory penalty under Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse is a limited term of not less than one year, or a fine of not less than five million won but not more than 20 million won, and the statutory penalty under Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse is a limited term of not less than five years. As such, even though the lower court’s sentence of three years to the Defendant without discretionary mitigation is a limited term of five years, it is erroneous in the misapprehension of the legal doctrine of punishment, which affected the conclusion of the judgment, and thus, the lower court cannot be maintained further.

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again ruled as follows.

Criminal facts

The summary of the evidence and the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment of the court below, except for adding "1. The defendant's oral statement" to the summary of the evidence.