The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal explicitly withdrawn the allegation of mental disorder on the trial date at the first instance trial.

The punishment sentenced by the court below against the defendant (two years and six months of imprisonment, 80 hours of order) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant committed an indecent act by making the victim (12 years old) under the age of living together as the object of his/her sexual desire, and committed several times, and the nature and method of committing the crime is very poor; the victim, who should be able to make a honorable and proper sexual values after becoming aware of the crime of this case, is likely to have caused a sense of sexual humiliation by being exposed to a large mental shock; the defendant committed a violation of the Punishment of Violences, etc. Act, an injury, or an attempt to prevent the present main structure, etc.; and thus, there is a history of criminal punishment on several occasions, such as the defendant’s violation of the Punishment of Violences, etc. Act, the crime of this case is committed.

However, when the defendant was found to have committed the crime of this case for the first time, the defendant's mistake is against himself, the defendant paid 15 million won to recover the victim's damage and agreed smoothly with the mother of the legal representative of the victim, and the fact that the defendant has no record of criminal punishment for the same crime is favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, it is recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Grounds for another judgment】