The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years and six months of imprisonment.

The defendant shall be 40 hours.

Unduely unfair because the summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum of three years, a short of two years and six months) of the original judgment is too unreasonable.

(A) The Defendant asserted that there was a mistake of facts or misapprehension of legal principles, but withdrawn on the second trial date). According to the records of this case ex officio determination, the Defendant was “juvenile” as provided in Article 2 of the Juvenile Act when the lower judgment was declared on December 9, 200, but it is evident that the Defendant was adult in the time of the declaration of this decision.

Therefore, the judgment of the court below that sentenced the defendant's non-guilty sentence on the ground that he is a juvenile under the Juvenile Act cannot be maintained.

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 ex officio reversal, and the judgment below is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except where the court's partial statement "1.1. defendant's oral statement" in the summary of evidence is "1.1. The defendant's oral statement" as it is stated in the corresponding column of the judgment below.

Application of Statutes

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in relation to discretionary mitigation of discretionary mitigation);

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

1. An order for disclosure and notification, the proviso to Article 49(1), the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); and Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.