The judgment of the court below is reversed.

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.

1. The decision of the court below on the summary of the grounds of appeal (20,000,000 won of fine) is deemed to be too unhued and unfair.

2. In light of the victim’s age, etc., the crime of this case is grave in light of the fact that the Defendant was sentenced to a fine due to the crime of indecent act by compulsion in the past, etc., the sentencing of the lower judgment is deemed unfair as it is deemed unfair (the Defendant also expresses that he/she would be aware of the suspension of the execution of imprisonment with labor when withdrawing an appeal that he/she raised at the trial). Accordingly, the Prosecutor’s assertion is accepted.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled

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 provisions of the Act on Criminal Crimes, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes, and Article 298 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (the degree of an indecent act is favorable to the minor occupation, etc.);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (General Consideration in favor of the above person);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In full view of the following circumstances: (a) the Defendant’s family environment and social ties; (b) profits and preventive effects expected due to the disclosure order or notification order; and (c) any disadvantage and side effect therefrom, in addition to the favorable circumstances as seen above, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order or notification order; and (d) the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and