We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. In so doing, the lower court did not constitute the elements of Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; hereinafter “former Sexual Crimes Punishment Act”).

Nevertheless, the judgment of the court below that found this part of the facts charged guilty is erroneous in the misapprehension of legal principles.

B. The sentence imposed by the lower court (the lower court’s judgment) on the grounds that the sentence of unfair sentencing (the completion of sexual assault treatment programs for 40 hours in October, and the imprisonment of the lower court for 1 year and 6 months) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant 1 ex officio, prior to the judgment on the grounds for appeal by the lower court, the prosecutor, while maintaining the facts charged in the indictment of the first instance judgment as the primary facts charged, added the same contents as the stated in the “crime of crime” as the facts charged in the conjunctive charges, and applied for the amendment of indictment to add the “obscenity in violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection,” as the name of the conjunctive crime, and the “obscenity in violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.” as the preliminary applicable provisions, and “Article 74(1)2 and Article 44-7(1)

However, as examined below, the first instance court's judgment convicting of the primary facts charged of the first instance court is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment, so this court acquitted of the primary facts charged, and found the defendant guilty of the ancillary facts charged.