A defendant shall be punished by imprisonment for a term of one year and two months.

except that, for three years from the date this judgment becomes final and conclusive.

A. The Prosecutor’s sentence (one year and two months of imprisonment, 40 hours of order to complete a sexual assault treatment program, and 3 years of employment restriction order) is too uneased and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. Determination of unfair sentencing by the public prosecutor and the defendant are also examined.

In light of the background and method of the crime, the degree and degree of indecent conduct, the relationship between the defendant and the victim, etc., the crime is very bad, and the mental shock and sexual humiliation that the victim received due to the defendant's crime is difficult to recover easily, etc. are disadvantageous to the defendant.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant recognized his mistake in the course of the trial and reflects his depth in the trial, the fact that the defendant agreed with the victim at the time of the trial, and the fact that there is no record of punishment exceeding the punishment and fine imposed for the same kind of crime, and other sentencing conditions specified in the records and arguments of the case, the punishment sentenced by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

(1) In light of the above legal principles, a prosecutor’s appeal is without merit, but the prosecutor’s appeal is not dismissed. (3) In light of the above legal principles, a prosecutor’s appeal is without merit. (4) In light of the above legal principles, a prosecutor’s appeal is without merit. (4) In light of the above legal principles, a prosecutor’s appeal is without merit. (4) In light of the above legal principles, a prosecutor’s appeal is without merit. (4) In light of the above legal principles

Application of Statutes

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. The Criminal Act, the suspension of execution;