The sentence of sentence against the defendant shall be suspended.

A. The sentence imposed by the Prosecutor (a fine of one million won, and an order to complete a sexual assault treatment program for 40 hours) is too unhued and unreasonable.

B. The above punishment of the defendant is too unreasonable.

2. In light of the content of the instant crime and the victim’s sexual humiliation, etc., the crime is not less than marbling, but the Defendant is deemed to have committed the instant crime under the influence of alcohol with no criminal force, and the Defendant is likely to have committed the instant crime with a deep depth, and has committed the instant crime by paying KRW 10 million to the victim and agreed that the victim would not be punished against the Defendant. In addition, taking into account all of the sentencing conditions indicated in the record, such as the Defendant’s age, occupation, character and behavior, environment, motive and circumstance of the instant crime, and circumstances after the crime, etc., the punishment imposed by the lower court is less light.

It is rather unreasonable rather than it is too unreasonable.

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, and the following decision is delivered

(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed separately).”

Application of Statutes

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. In light of Article 59(1) and (2) of the Criminal Act, even if the sentence is not imposed in comprehensive consideration of the sentencing condition of sinin, the defendant again commits a crime.