The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault, 40 hours against the defendant.

1. The summary of the grounds for appeal by the accused (two years and six months of imprisonment) is too unreasonable;

2. A public prosecutor ex officio prior to the judgment on the grounds of appeal by the defendant's ex officio, and in the case of this case prosecuted by violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on the Punishment, etc. of Sexual Crimes and the Protection of Victims thereof (indecent act in relation to relatives), in the trial before remanding the case, ① violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act in relation to minors under the age of 13), etc. as seen below, and ② in the preliminary case, applied for permission to change the bill of indictment by indecent act by minors, etc.

3. Accordingly, 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 that the above ground for ex officio reversal exists, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The Defendant was a relative with the victim as a sheshesheshesheshel of the victim C (math, Jin). The victim under the age of 13 was unaware of the sex, and was able to commit an indecent act against the victim by using his/her belief and good faith without having knowledge of the sex.

1. The Defendant committed an indecent act against the victim by a deceptive scheme, under which the victim was exposed to the Defendant’s sexual organ and the victim’s sexual organ for thirty minutes in a situation where the victim was exposed to the Defendant’s sexual organ and the victim’s sexual organ at the time of influence of the date of 2009, D Apartment 307dong 104, 307 104.

2. The Defendant is located in the dwelling space No. 307, 104, from spring in 2010 to spring.