The judgment of the court below is reversed.

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

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. The summary of the lower judgment was prosecuted as follows, and the lower court found the Defendant guilty of all the charges and sentenced the Defendant to four years of imprisonment, order to complete sexual assault treatment programs for 80 hours, order to restrict employment for 10 years, and confiscation of one cell phone seized.

① The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) approaches the victim (the 12 years of age) who posted a statement of intent to sell sex on mobile phone-type display at his/her own residence, and recommended the victim to sell sex by sending a message of intent to buy sex with awareness of the fact that the victim is a child or juvenile.

② The Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) and the Act on the Protection of Children and Juveniles against Sexual Abuse (Possession of obscene materials), produced and possessed obscene materials using children and juveniles by allowing the victim to photograph a body photograph showing the victim’s chest and a negative part of the victim’s chest while communicating with the victim about sexual traffic through cell phone hosting display, and transmit it to the Defendant.

③ ㉮ 아동ㆍ청소년의성보호에관한법률위반(성매수등) 및 아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱 등) 피고인은 위 ① 범행을 통해 피해자에게 15만 원의 대가를 제공하기로 하고 같은 날 오후 피해자를 피고인의 주거지로 오도록 한 다음, 술을 주어 취하게 만든 피해자로 하여금 피고인의 성기를 빨도록 시키고, 피고인의 손가락으로 피해자의 음부를 만지거나 집어넣고, 피해자의 가슴을 주무르고 입으로 빤 후 피고인의 성기를 피해자의 음부에 삽입하여 질내에 사정을 함으로써, 아동청소년의 성을 사는 행위를 함과 동시에 성적 학대행위를 하였다.

(b)