The judgment of the court below is reversed.

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

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (1) The Defendant only started to commit an indecent act against the victim after the second year of middle school in 2013, and did not commit an indecent act against the victim before that year.

(2) The Defendant did not have any assault or intimidation to the extent that it would make it difficult to resist the victim.

B. The lower court’s sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. (1) We examine ex officio the grounds for appeal prior to the judgment on the grounds for appeal due to the change in the subject of appeal.

In the first instance, the prosecutor applied for the modification of the indictment (the purpose of changing the "act of indecent act by assault or intimidation" into "act of indecent act by force and similarity by force") with the contents that change the name of crime, applicable provisions of law and criminal facts as follows, and this court permitted it.

Accordingly, the judgment of the court below can no longer be maintained as the subject of adjudication is changed.

(A) The name of the crime is changed to “(i) a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by minors under the age of 13), ② a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act), ③ a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts).”

(B) Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, Article 7(2)2 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act are amended to “Article 7(5) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, Article 7(5), (2)2 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the

(C) The facts constituting the crime are followed by the lower judgment.