The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The lower court’s imprisonment (eight months) against the Defendant is too unreasonable in light of the substance of the grounds for appeal in this case’s sentencing conditions.

2. In light of the purpose of legislation of the Juvenile Protection Act, the crime of this case is deemed to be bad in light of the fact that the crime of this case was committed by allowing the juvenile to be provided with entertainment, and that there is no good condition after the crime was committed, such as having the defendant make a false statement at an investigative agency, threatening the juvenile to make a false statement at an investigative agency, threatening the juvenile to be provided with money and valuables, etc.

However, in full view of the following: (a) the Defendant recognized all of the instant crimes; (b) the Defendant violated his mistake through the daily life in custody for about three months; (c) the Defendant did not have any other criminal records other than sentenced to a fine of KRW 100,000 as a violation of the Road Traffic Act in 197; (d) the equity in sentencing with the same or similar incidents; and (e) other various sentencing conditions in the records and arguments, such as the Defendant’s age, happy family environment, etc., the lower court’s punishment against the Defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 2 of Article 49-3 of the former Juvenile Protection Act (Amended by Act No. 11048, Sep. 15, 2011);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of conditions favorable to the defendant in the front);