The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

The decision of the court below on the grounds of appeal (one year of imprisonment) is too unreasonable.

Judgment

The crime of this case is an indecent act by force against the victim, such as inducing the victim's chest and fluor, who is merely 14 years old due to the defendant's 14 years old age, and the criminal liability is heavy. The fact that the victim, who is yet age due to the crime of this case, still seems to have received a large mental impulse with a considerable sense of sexual humiliation, is disadvantageous to the defendant.

On the other hand, the fact that the defendant has no history of punishment heavier than that of sex crime or fine, the exercise of tangible force accompanying the crime is relatively minor, the defendant recognizes the crime and reflects his mistake, and the fact that the defendant has agreed with the victim is favorable to the defendant.

In full view of the above circumstances and the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the criteria for the recommended sentence scope and suspension of execution according to the sentencing guidelines set by the Supreme Court sentencing committee, the sentence imposed by the court below against the defendant is unreasonable.

Therefore, the defendant's argument is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;