The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

Sexual assault against the defendant for 80 hours.

The main reason for appeal is that the sentence (five years of imprisonment) imposed by the court below on the defendant is too unreasonable.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

In the trial at the court below, the prosecutor applied for changes in the indictment of violation of the Act on the Reinstatement of Children's Uniforms for Police Officers on January 2012, 201 and applied for changes in the indictment of "the summary of the public prosecutor's office" as stated in the judgment below, and since this court permitted the changes in the indictment, the judgment of the court below is no longer maintained.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and it is again decided as follows.

【Grounds for the Judgment of the court below in other words, the facts constituting a crime and summary of evidence recognized by the court below are deleted under Article 1-1 (a) of the facts constituting a crime of the court below and the summary of evidence are cited in accordance with Article 369 of the Criminal Procedure Act inasmuch as the facts constituting a crime and summary of evidence are identical to those stated in each corresponding column of the court below in addition to the deletion of the facts constituting a crime of the court below and the summary of evidence as “

Application of Statutes

1. Article 40 subparagraph 2 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 40 subparagraph 2 of the former Child Uniforms Act (wholly amended by Act No. 11002, Aug. 4, 201; hereinafter the same shall apply), Article 29 subparagraph 1 of the Act (physical abuse as indicated in the judgment below, Article 1-2 of the Act on the Protection of Children and Juveniles from Sexual Abuse), Article 71 (1) 2 and Article 17 subparagraph 3 of the Child Welfare Act (the point of physical abuse as indicated in the judgment below, Article 7 (5) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (the point of indecent act by force of minors under the age of 13), Article 7 (5) and (3) of the Act on Special Cases Concerning the Protection of Children and Juveniles from Sexual Abuse, Article 8 of the Criminal Act, and Article 29 of the Act on the Protection of Juveniles from Sexual Abuse.