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 three years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

In addition, there are special circumstances where the defendant is exempted from disclosure disclosure order.

2. The crime of this case is deemed to have been committed by a female elementary school student, who is merely 12 years of age, with sexual intercourse, and the nature of the crime is poor. The defendant and the victim committed the crime of this case using the victim's trust and sense that the defendant had reliance on her own trust, and the victim committed the crime of this case. Considering the social risk of sexual crime against children under 13 years of age, the crime of this case needs to spread awareness that there is a considerable short penalty against such crime to the general public in society and restrain potential impulses by spreading awareness that the crime of this case is committed.

The circumstances are favorable to the defendant, such as the fact that the defendant lives with a prison life for not less than three months and is reflecting his depth on his crime, that the defendant has no criminal records, and that the defendant does not want the punishment against the defendant by mutual consent with the victim in the original trial.

In this regard, in full view of the Defendant’s age, character and conduct, family environment, motive and background leading to the instant crime, circumstances before and after the instant crime, etc., and the recommended sentencing guidelines of the Supreme Court, it is recognized that the sentence imposed by the lower court is somewhat unreasonable.

3. As such, the defendant's appeal is with merit, and the part of the attachment order case is also reversed, without examining the defendant's assertion on the disclosure and notification order of the defendant, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and the following is again decided after pleading.

Criminal facts.