A defendant shall be punished by imprisonment for six months.

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

The punishment sentenced by the court below (five months of imprisonment, one year of suspended execution, and 40 hours of taking courses for sexual assault treatment) is too unhutiled and unfair.

Judgment

The defendant is both aware of and against his mistake.

There shall be no criminal records except once before and after a fine has been imposed on a defendant.

However, with regard to the case of 2020 Godan598, even though the degree of indecent act in the above crime is not less severe, and it was committed on May 4, 2019 by indecent act, the victim demanding explanation was committed again on his own house on May 6, 2019.

The age of the victim seems to have caused the victim to feel sexual humiliation.

With regard to the case 2020 highest 859, the victim suffered sexual humiliation by allowing the victim to reach the victim a speech that may cause sexual humiliation or aversion through the communications media with an intent to satisfy the victim’s sexual desire.

The victims did not receive any statements from them.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive, content, means and consequence of the crime, and all of the sentencing conditions as shown in the records and arguments, such as the circumstances after the crime, the sentence imposed by the lower court is too uneasible and unfair.

The prosecutor's assertion of unfair sentencing is justified.

As the prosecutor's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment on the crime, Article 298 of the Criminal Act, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of obscenity using communications media), and the choice of imprisonment with prison labor;

1. The Criminal Act among concurrent crimes.