A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. The sentence of the lower court (two months of imprisonment, forty hours of order to complete a sexual assault treatment program, confiscation) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. In light of the content of the instant crime and the degree of indecent act, etc., the fact that the crime is not good is unfavorable.

However, in light of the favorable circumstances, such as the Defendant’s confession of the entire crime of this case including the part of indecent act by force when the Defendant was in the trial, and the Defendant recognized his mistake, and there was no criminal conviction other than once before and after the fine of this kind, and the victim had taught for about two years with the Defendant. In light of the favorable circumstances, such as the fact that the Defendant paid a considerable amount of money to the victim during the trial and agreed to do so, the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, and all other factors of sentencing as indicated in the records and arguments, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is reasonable,

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.

(2) Article 364(1) of the Criminal Procedure Act provides that “An appeal by a prosecutor shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act; however, as long as an appeal by a defendant is accepted and the original judgment is reversed, the prosecutor’s appeal shall not be pronounced separately in the order).” The summary of facts constituting an offense and evidence against a defendant recognized by the court is the same as the entry in the corresponding column of the original judgment, except for adding “the defendant’s oral statement”

Application of Statutes

1. Article 283 of the Criminal Act applicable to the crime and the choice of punishment.