The judgment of the court below is reversed, and the case is remanded to the Cheongju District Court Panel Division.

The grounds of appeal are examined.

1. On the first ground for appeal

A. Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply) provides for “a person who, through violence or intimidation, commits an indecent act on another shall be punished by imprisonment for not more than ten years or by a fine not exceeding 15 million won.”

Article 7(3) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 11287, Feb. 1, 2012; hereinafter “Juvenile Protection Act”) provides that “Any person who commits a crime under Article 298 of the Criminal Act against a child or juvenile shall be punished by imprisonment with prison labor for at least one year or by a fine of at least five million, but not exceeding 20,000 won.”

"........"

B. Article 2 Subparag. 2(a) of the Juvenile Sex Protection Act provides that “A crime under Article 7 of the Juvenile Sex Protection Act,” and Article 2 Subparag. 2(c) provides that “a crime under Articles 297 through 301 of the Criminal Act, etc. against a child’s youth” shall be deemed one of the sex offenses against a child’s youth. Meanwhile, the main sentence of Article 16 of the Criminal Act, notwithstanding Article 306 of the Criminal Act, may be prosecuted for any of the following crimes against a child’s youth without a victim’s complaint:

The phrase “crimes under Article 7 of the Juvenile Sex Protection Act” and the phrase “crimes under Articles 297 through 300 of the Criminal Act,” under subparagraphs 1 and 2 thereof, are prescribed as the so-called crime of false accusation.

Even though Article 7 of the Juvenile Sex Protection Act provides for aggravated punishment for committing indecent acts, etc. against a child under Article 7, the crime under Article 298 of the Criminal Act, etc. against a child is also defined as one of the "sex offenses against a child", and in light of the legislative intent and circumstances of the Juvenile Sex Protection Act, if a crime such as indecent acts against a child under the age of 19 was committed against a child under the age of 19, the person who committed the crime is not prosecuted as a violation of the Juvenile Sex Protection Act.