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, for three years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The judgment of the court below that found the defendant guilty of this part of the facts charged without knowing the fact that the victim was a juvenile, and that the victim did not have any similarity.

The punishment sentenced by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

Judgment

As to the assertion of misunderstanding of facts, the Defendant argued that he was not aware of the victim’s juvenile, even in the lower court, and the lower court acknowledged the relevant facts under the title “whether the Defendant was aware of the victim’s juvenile” in the 3-4th of the said judgment, and determined that the Defendant was aware of the fact that the victim was a juvenile at the time of the instant case, even if he knew of the fact that the victim was a juvenile or not.

In addition to the following circumstances acknowledged by the court below and duly adopted and examined by the court below, the above judgment of the court below is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant. Thus, the above argument by the defendant is without merit.

① Under Article 2 subparag. 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, a victim is a Preceptor and constitutes a juvenile prescribed by the said Act until December 31, 2015. There remain one year and five months from July 19, 2014, the day of the instant crime, to December 31, 2015.

On the other hand, H and I, both of the victims at the time of the instant case, were 18 years old at our age, and 197 years old at our age. F and J, which were the Defendant’s relatives and her children, were 20 years old at our age, was 195, and she was her children at the age of 20 years old, and she was her two years old compared to the victim. G during the Defendant’s work, was Qu and was 27 years old at our age.

② The Defendant is serving C on the day of the instant case.