The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that a fine of one million won imposed by the lower court against the Defendant and an order to complete a sexual assault treatment program 16 hours is too unreasonable.

2. The crime of this case in determining the grounds for appeal is an act detrimental to the sound sexual morals and sexual morality, and the nature of the crime is not weak, and the fact that the witness of the crime of this case seems to have received a considerable amount of mental shocks, etc. are considered to be disadvantageous to the defendant.

However, in the meantime, when examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., the lower court’s punishment is too unreasonable, as it is too unreasonable, considering the following: (a) the Defendant led to the confession of the crime in the first instance; (b) there is no criminal conviction for the same kind of crime; (c) social ties, including workplace and family; (d) it is obvious that the relationship with the Defendant, including workplace and family; and (e) it appears that the witness of the obscenity does not want to be punished against the Defendant.

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 reasonable, and the judgment below is reversed and it is ruled again as follows

【Re-written judgment】 The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

1. A fine of 1,000,000 won to be imposed on the suspension of sentence;

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse (100,000 won per day);

1. Article 59(1) of the Criminal Act (including favorable circumstances in determining the grounds for appeal) of the suspended sentence (see, e.g., Article 51 of the Criminal Act) of the same Act.