The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for six years.

80 hours per the defendant.

In light of the above legal principles, the court below erred by misapprehending the legal principles.

Application of Statutes

1. Relevant Article of the Act on the Protection of Juveniles against Sexual Abuse, Articles 9, 7(6), and 7(1) (the occupation of inflicting bodily harm on juveniles and the choice of imprisonment with prison labor) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 333 of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for mitigation of small amount (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 200

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

1. Where a conviction becomes final and conclusive due to a violation of the Act on the Protection of Juveniles against Sexual Abuse against whom a child was subject to disclosure or notification of personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Juveniles against Sexual Abuse, the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, he/she is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for a period of three years and six months to twenty-five years;

2. A crime (sexual crime) within the scope of the recommended punishment: (a) the scope of the punishment; (b) the scope of the punishment; (c) the scope of the punishment; (d) the scope of the punishment; (d) the scope of the punishment; (e) the juvenile rape (including deceptive schemes and force between deceptive schemes and force); (d) the mitigated area (including similarity of deceptive schemes and force); (e) the juvenile similar rape (including special mitigation) (iii) six years to six years); (d) where the result of the bodily injury occurred but there are several basic crimes; and (e) the second crime (Robbery) of the same type of repeated crime not falling under the non-guilty penalty; and (v) the mitigated area (within the scope of the punishment) (one year and six months to six years); and (e) the mitigated area (including special mitigation of punishment); and (e) the aggravated majority of the crimes resulting from the aggravation of punishment;

3. The sentence shall be determined as per the disposition, for the same reasons as stated in the judgment regarding the above unfair argument of sentencing.