The judgment of the first instance is reversed.

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

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

1. Summary of grounds for appeal;

A. The sentence of imprisonment (two years and six months, etc.) imposed by the Defendant and the person for whom the attachment order was requested to be issued by the first instance court (hereinafter “Defendant”) is too unreasonable.

(b) The sentence imposed by the first instance court on the Defendant is too unfased and unreasonable;

2. Determination factors are recognized, such as: (a) the Defendant’s indecent act by compulsion of another’s children at the time when sexual identity and values are formed normally; and (b) the victim and his/her guardian seem to have suffered a lot of mental pain.

However, it is also recognized that the Defendant recognized the instant crime, and did not have a direct tangible force, such as assault or intimidation, against the victim. In particular, the Defendant paid a considerable amount of money to the victim and agreed with the guardian of the victim, and the guardian of the victim wanted to take the Defendant against the Defendant, and the Defendant did not have the same criminal power.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence of the first instance court is too unreasonable.

Therefore, the defendant's assertion is with merit and prosecutor's argument is without merit.

3. As such, the defendant's appeal is reasonable, and the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding part of the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;