The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for six months of imprisonment and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. It is recognized that the Defendant sent and received sexual text messages to the victim, who is a young elementary school student, several times, affixed his or her sexual photograph, and caused the victim to do the same act, and that the crime is not good, thereby adversely affecting the victim’s healthy and normal maturity process.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and against the instant crime; (b) the Defendant allowed the victim to engage in other types of acts; (c) the Defendant was not a third person; (d) the Defendant paid KRW 5 million to the victim at the trial; and (e) the victim did not want to be punished by the Defendant by the agreement; (d) the Defendant was the first offender; (e) the Defendant was the first offender; (e) the Defendant had been given an opportunity to reflect while living in custody for two months; and and (e) other circumstances that are the conditions for sentencing specified in the pleadings of the instant case, such as the Defendant’s age, the lower court’s sentence is unreasonable

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and the case is remanded as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment Thereof;

1. Article 62 (1) of the Criminal Act (the above provision);

2. (b) Circumstances favorable to the entries in the port;

1. Order to complete a program, etc. under the Punishment of Sexual Crimes Act;