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 summary of the grounds for appeal (such as imprisonment with prison labor for a maximum of two years, a short of one year and six months) declared by the court below is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

According to the records, since the defendant was "Juvenile" under Article 2 of the Juvenile Act at the time when the judgment of the court below was sentenced, but the defendant was adult at the time of sentence of the court below, the judgment of the court below that sentenced a juvenile offender to mitigated punishment and sentenced a fraudulent sentence could not be maintained as it is on the ground that

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is again ruled as follows.

【Reasons for the Judgment in 201Da369 of the Criminal Procedure Act】 Since the facts constituting a crime and the summary of evidence are the same as stated in each corresponding column of the judgment of the court below, they are cited.

Application of Statutes

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment for a limited term concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The fact that a defendant has no record of committing a sexual crime under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the circumstance and method of committing the instant crime, the registration of personal information of the defendant against the defendant, and the completion of a sexual assault treatment program, seems to have the effect of preventing recidivism, and the defendant's age, occupation, family environment, social relationship, disclosure notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance, and the prevention of a sexual crime that can be achieved by such order.