The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (4 million won of fine and 40 hours of demotion for the prevention of recidivism) is too unreasonable.

2. In light of the fact that the crime of this case was committed against a juvenile who is merely 15 years of age at the time, and the nature of the crime is not good, and the crime can cause serious adverse effects on the sex consciousness or the consciousness of the juvenile who has not been formed with the awareness of sex, it is recognized that the defendant should be punished strictly.

However, in full view of the following: (a) the Defendant recognized all of the instant crimes and reflects the Defendant’s mistake in depth; (b) there is no record that the Defendant was punished for the same kind of crime; (c) the Defendant’s economic situation is difficult and health is not good; and (d) the Defendant’s age, family environment, and circumstances before and after the instant crime, etc., the lower court’s punishment is somewhat unreasonable.

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

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. Article 10 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.