The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

Although the facts charged in the instant case fall under Articles 300 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter “former Criminal Act”), the lower court applied Articles 300 and 297 of the Criminal Act. Under Article 16(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter “former Act on Special Cases Concerning the Punishment, etc.”) the lower court applied Article 16(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11574, Dec. 18, 2012; hereinafter “former Act”), the lower court erred by applying the proviso of Articles 47(1) and 49(1) and the proviso of Article 41(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of reversal as seen earlier, and it is again decided as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369

Application of Statutes

1. Criminal facts;