A defendant shall be punished by imprisonment for not less than eight months.

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

1. The decision of the court below on the defendant's summary of the grounds for appeal is too unreasonable (the imprisonment of eight months and the order to complete a sexual assault treatment program 40 hours).

2. As the court below decided, the crime of this case is deemed to have committed an indecent act against the victim by using the victim’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s relation and the degree of indecent act, etc.

However, the defendant, who is under investigation, led to the confession of a crime while he was under investigation, and deposited money for the recovery of damage immediately thereafter, and submitted a written agreement with the victim that he does not want the punishment of the defendant by concluding an agreement with the victim after the judgment of the court below. There are several criminal records, but the defendant does not seem to have the same kind of criminal records as the crime in this case, and thus, it is judged that the possibility of recidivism of a sex crime is not high, and that the defendant's health is not good by performing operations several times in severe color, and the defendant's age, character and behavior, occupation and family environment, the background and result of the crime, and the circumstances after the crime are considered to be too unreasonable.

3. As the defendant's appeal is with merit, it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows after pleading.

[Reasons for the decision to see] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance

Application of Statutes

1. Criminal facts;