The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Sexual assault against the defendant for 80 hours.

1. The sentencing of the lower court (ten months of imprisonment and 80 hours of completion of sexual assault treatment programs) on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case on the grounds of appeal is an unfavorable circumstance to the defendant, such as: (a) the victim’s sexual abuse was committed by threatening the victim by taking advantage of the conversation with the victim, which he/she became aware of at least on the Internet hosting during the crime; and (b) the nature of the crime is heavy; and (c) the victim appears to have considerable mental damage.

However, in full view of the fact that the defendant agreed with the victim on May 17, 2017, which was after the decision of the court below, there was no record of punishment due to the same kind of crime, and other circumstances of sentencing as shown in the records and arguments, such as the defendant's age, sex, environment, motive and circumstance of the crime, means and consequence, etc., the sentence imposed by the court below is too unreasonable, and thus, the above unfair argument of sentencing by the defendant is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Article 71 (1) 1-2 and subparagraph 2 of Article 17 (Selection of Imprisonment) of the Act on the Punishment of Children and the Place of Punishment for the Crime;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The age, occupation, family environment, social ties, previous convictions, and the risk of recidivism of a child exempted from an order of disclosure and notification, pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, previous convictions, and the benefits and effects expected by the order of disclosure and notification, and any disadvantages therefrom