The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 80 hours.

1. The main point of the grounds for appeal is that the sentence imposed by the court below (the maximum of four years of imprisonment and the short of three years) is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant, as Lins, was sentenced to an illegal term of imprisonment by falling under “juvenile” as provided by Article 2 of the Juvenile Act at the time when the judgment of the lower court was rendered. However, inasmuch as it is apparent that the Defendant was not a “juvenile” as provided by the Juvenile Act more than 19 years old and more than 19 years old, the lower judgment that sentenced the Defendant to an illegal term of imprisonment is no longer maintained.

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following decision is made after the pleading.

[Grounds for the new judgment] Criminal facts and the summary of evidence against the defendant recognized by the court is identical to the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 9 and 7(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of rape and the choice of imprisonment with prison labor), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of photographing cameras and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the extent that the punishment is aggregated with the punishment specified for a violation of the Act on the Protection of Juveniles from Sexual Abuse, which is heavier than the punishment, and the punishment specified for a violation of the aforesaid Act];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.