All the original judgment and the first instance judgment shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The seized Samsung Tallon.

The grounds of emergency appeal are examined.

According to the final and conclusive judgment, the lower court convicted the Defendant of the instant charges by applying Article 5-2(4) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 11731, Apr. 5, 2013; hereinafter “former Act on the Aggravated Punishment, etc.”) and Article 288(1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013; hereinafter the same) with regard to the act of inducing the victim C (nive and 17 years of age) for sexual intercourse on or around May 12, 2012, and selected a limited imprisonment.

However, Article 5-2 (4) of the former Act on the Aggravated Punishment, etc. of Specific Crimes provides that "a person who commits a crime under Article 288, 289, or 292 (1) of the Criminal Act shall be punished by imprisonment with prison labor for life or for at least five years." Article 288 (1) of the former Criminal Act provides that "a person who captures or induces another person for the purpose of engaging in an indecent act, sexual intercourse, or profit-making shall be punished by imprisonment with prison labor for at least one year." However, Article 5-2 (4) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 11731, Apr. 5, 2013) is deleted, and Article 288 (1) of the Criminal Act (amended by Act No. 11731, Apr. 5, 2013) provides that "a person who captures or induces another person to commit an indecent act, sexual intercourse, marriage, or profit-making shall be punished by imprisonment with prison punishment for at least five years."

(See Supreme Court Decision 2013Do4862 Decided July 11, 2013). Accordingly, the instant case pertains to the following.