A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

2. Circumstances unfavorable to the judgment: The crime of this case is an indecent act committed by the defendant on behalf of a female driver, such as deceiving the chest against the female driver on behalf of the defendant.

The favorable circumstances: The defendant recognized the crime of this case and expressed his attitude against it in the first instance.

After the sentence of the lower judgment, the Defendant did not want to punish the victimized person against the Defendant.

When comprehensively considering the aforementioned unfavorable circumstances, the Defendant’s age, character and behavior environment including favorable circumstances, relationship with the victim, motive means of the crime, the circumstances after the crime, etc., as well as the various sentencing conditions indicated in the arguments and records of the instant case, including the circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines (types of imprisonment for six months to two years) (the general criteria for the crime of indecent act by force (the crime of indecent act by force over 13 years), the first type (the person subject to special sentencing), the non-exclusive penalty (the special element for mitigation), the victim (the scope of recommended punishment) vulnerable to the crime [the scope of punishment] 6 months to two years (basic area), the sentence imposed by the lower court is deemed unfair because it is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each of the relevant parts of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as favorable circumstances in determining the grounds for the above appeal);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;