A defendant shall be punished by imprisonment for not less than one year and six months.

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

A. The prosecutor’s sentence of the lower court (one year and six months of imprisonment, three years of employment restriction order) is too unhued and unfair.

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

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

The instant crime is an indecent act committed by the Defendant, as his employee, on several occasions against the victim who had lived in Korea after marriage, and in consideration of the content of the crime, the background leading up to the indecent act, the relationship between the Defendant and the victim, etc., the crime is particularly bad, and the victim appears to have suffered considerable mental shock and sexual humiliation due to the Defendant’s crime.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant's mistake was recognized in the course of the trial, the fact that the defendant paid a considerable amount of agreement to the victim in the trial, the fact that there is no record of punishment for the same kind of crime, etc., and other sentencing conditions specified in the records and arguments of the case, the punishment imposed by the court below is deemed unfair.

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) The Criminal Procedure Act provides that “The appeal by a prosecutor shall be dismissed unless the appeal by the prosecutor is well-grounded, but the appeal by the prosecutor is accepted by the defendant and the decision of the court below is reversed).” The criminal facts and summary of evidence are as stated in the corresponding column of the judgment of the court below. Thus, all of them shall be accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.