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, the period of three years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) is too unreasonable.

2. The crime of this case was committed on the basis of the fact that the defendant made a sexual intercourse with the victim who is a juvenile and puts his fingers in the victim's sexual organ. However, in light of the fact that the defendant made a confession and made a mistake against his own sexual organ when the defendant was in the trial, that the victim was willing to have his wife against the defendant by agreement with the victim when the defendant was in the trial, that the victim was in the trial, that the act was suspended after confirming the victim's refusal intention, and that the defendant was the first offender, the court below's punishment is too unfair.

3. Since the defendant's ground of appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the arguments are again ruled as follows.

Criminal facts

The summary of the facts charged and the gist of the evidence admitted by the court is as stated in the corresponding column of the judgment below, except for the addition of “the defendant’s legal statement” to the summary of the evidence, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 7 (2) 2 of the Act on the Protection of Juveniles against Sexual Abuse against the relevant legal entity's crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the circumstances leading to the instant crime and the circumstances after the commission of the crime, etc., there is a need to impose a disposition, such as an order of disclosure disclosure, which may seriously affect the Defendant’s return to society, on the sole ground that the instant crime was committed, such as the risk of sexual assault and recidivism, or other dispositions, such as an order of disclosure disclosure, which may seriously affect the Defendant’s return to society.

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