The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

[Judgment on the Grounds for Appeal] The sentencing of the lower court (two months of imprisonment, one year of suspended execution, and 40 hours of sexual assault treatment programs) is too unreasonable.

However, the crime of this case is committed in a restaurant operated by the defendant, which is disadvantageous to the defendant, such as that he flicked the chest from behind the victim D (n, 61 years of age) who is an employee, and forcedly committed an indecent act against the victim, and that the degree of the indecent act is not weak.

However, in light of the fact that the court below paid 7.5 million won to the defendant and expressed the victim's intention that the defendant does not want the punishment against the defendant, and the victim's statement that the defendant had committed the crime of this case because the defendant had been committed in the same manner as usual but that he had been accused before the brusation, it seems that the victim had not increased the degree of sexual humiliation as the case in this case, and that the defendant did not have the same criminal record, and considering all other circumstances that are conditions for the sentencing in this case, such as the defendant's age, character and behavior, motive, means and consequence of the crime, etc., the court below's sentencing is too unreasonable.

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Registration of personal information under Article 334(1) of the Criminal Procedure Act of the provisional payment order.