The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

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

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (three years of imprisonment with prison labor for a two-year grace period) is too unhued.

2. The circumstances favorable to the Defendant include the fact that the Defendant led to the confession and mistake of the crime from the original instance, and that the Defendant committed the instant crime by contingency while being hospitalized for a long time during the period of depression.

On the other hand, this case committed an indecent act against a juvenile who is under hospital treatment due to depression, etc. by the defendant, and the nature of the crime is grave, and the defendant did not receive the victim's letter up to the trial, and the fact that the defendant already has the same criminal records two times, etc. are disadvantageous to the defendant.

In addition, considering the defendant's age, criminal records, character and conduct, environment, family relations, motive and circumstances after the crime, etc., and the sentencing guidelines of the Sentencing Commission (the decision of type] of the crime of indecent act by force by force by juveniles (the target of juvenile deceptive act and indecent act by force by force by force by juveniles) of the type 2 of the crime of indecent act by force by juveniles of the Supreme Court (the decision of the recommended field) [the scope of the recommended field] basic area [the scope of the punishment] - 1 year and August - 3 years (the maximum and minimum range of the punishment range by law shall be mitigated to 2/3), 2 years of imprisonment and 30 years, it is judged that the sentence imposed by the court below against the defendant is unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the option of criminal facts;

1. Article 62(1) of the Criminal Act: