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 a period of four years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal asserts that the defendant is too unaffortable due to the punishment of the court below (a punishment of three years and six months, etc.), and the prosecutor asserts that it is too unaffortable and unfair.

2. In light of the background and content of the instant crime, etc., the fact that the nature of the instant crime is not less and less severe, and that the victim is likely to suffer negative impacts on the formation of sexual identity and values in the future due to the instant crime.

However, the fact that there is no record of criminal punishment against the defendant, and that there is no possibility of criminal punishment against the victim, and that the victim does not want the punishment of the defendant by the victim's unanimous agreement with the victim is favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, occupation, family relation, sexual conduct, environment, motive for committing a crime, means and consequence of a crime, etc., the lower court’s punishment is deemed unfair on account of the following circumstances.

Therefore, the above argument by the defendant is reasonable, and the prosecutor's above argument is without merit.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the judgment of the court below is reversed on the grounds that the defendant's appeal is well-grounded, the prosecutor's appeal shall not be dismissed separately). [The part of the judgment which is re-written] The summary of facts constituting an offense and evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below, thereby

Application of Statutes

1. Article 8(1) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202) on criminal facts of the crime (the act of sexual intercourse with a juvenile who is a disabled person) (Article 8(1) of the former Act on the Protection of Juveniles against Sexual Abuse).