Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

2. The crime of this case, however, is disadvantageous to the Defendant, inasmuch as the Defendant was on board a bus outside the city and the Defendant was seated above the victim’s side and the victim’s bucks cannot be found to have been involved in the crime, and the Defendant appears to have suffered a large number of mental pain.

On the other hand, the fact that the defendant is seriously against the crime of this case, the fact that the defendant and the victim agree smoothly with each other, the extent of the indecent act of this case is relatively not severe, the defendant appears to have caused the crime of this case by contingency, the defendant has been living faithfully as GResearch Institute, and the defendant's spouse has been leading, and the defendant has been maintaining a public announcement of family social benefits, such as the defendant's first offender who has no criminal records.

In full view of the above circumstances and other circumstances that led to the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the Defendant’s punishment imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s allegation of unfair sentencing is reasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[C] The Criminal Procedure Act Article 369 of the Criminal Procedure Act provides that the summary of the facts constituting an offense and the evidence recognized by the court and the summary of the evidence are identical to those stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;