The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, 40 hours of order, and 5 years of employment restriction order) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The instant crime is an unfavorable circumstance to the Defendant, in light of the following: (a) the Defendant committed an indecent act, sexual intercourse by force with a victim who is under the direction and supervision of his duties; (b) the background leading up to the commission of the crime; (c) the method of the commission of the crime; and (d) the degree of sexual assault; and (d) the victim appears to have suffered a large mental pain to the extent that

However, in full view of the following: (a) the Defendant appears to have recognized and reflected all of the instant crimes when the Defendant was in the trial; (b) the victim was the front wife of the Defendant by mutual agreement with the victim and the trial court; and (c) the Defendant did not have any specific criminal power except for the punishment of a fine once due to the obstruction of performance of official duties; and (d) other various sentencing conditions as indicated in the instant records and arguments, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is less

It is judged that it is too unreasonable rather than that.

Therefore, the prosecutor's argument of unfair sentencing is without merit, and the defendant's argument of unfair sentencing is justified.

3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

(No appeal by a public prosecutor shall be dismissed separately from the disposition of the court below, unless the appeal by the public prosecutor is well-grounded, but the decision of the court below is accepted and reversed). [The reason for multiple judgments] Criminal facts and summary of evidence recognized by the court and summary of evidence are the same as the corresponding column of the judgment of the court below, and thus, it is in accordance with Article 3