A. The sentence sentenced by the court below to the defendant (a year and six months of imprisonment, a suspended sentence of two years, a community service for 120 hours and a lecture for sexual assault treatment for 40 hours) is too uneasy and unfair.

B. It is improper for the lower court to exempt the Defendant from an order to disclose or notify personal information and an employment restriction order, which was improper by the lower court.

2. Determination

가. 양형 부당 주장에 대하여 이 사건의 여러 양형조건들을 살펴보면, 이 사건 범행은 피고인이 함께 출장 중이 던 직장 후배의 호텔 객실에 허락 없이 들어가 술에 취해 잠든 피해자에게 뽀뽀를 하고 피해자의 가슴을 만지고 빤 다음 음 부에 손가락을 집어넣어 유사 강간한 것으로, 범행의 경위 및 방법, 피해자와의 관계 등에 비추어 죄질이 좋지 않은 점, 이 사건 범행으로 피해자는 상당한 성적 수치심과 공포심을 느꼈을 것으로 보이는 점 등은 피고인에게 불리한 정상이다.

On the other hand, the fact that the defendant recognized the crime of this case and expressed a form that reflects his mistake in depth, that the court below received a letter from the injured party under a mutual agreement with the injured party, that the injured party was not punished, that the defendant was the first offender with no criminal history, that he was working for himself in consideration of the mental suffering of the injured party after this case, and that he had been engaged in volunteer activities and sent time to the injured party.

As above, the court below comprehensively takes into account the defendant's age, sexual conduct and environment, family relation, health status, motive, background, means and consequence of the crime, circumstances before and after the crime, etc., as well as various sentencing conditions that are shown in the records and arguments in this case, such as the defendant's age, sexual behavior and environment, family relation, health status, motive and circumstance before and after the crime.