The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (two months of imprisonment, one year of suspended execution, and forty hours of education) is too unreasonable.

2. The crime of this case is committed against the Defendant, such as: (a) the Defendant was placed in the victim who was a congested in an elementary school playground stand; (b) the Defendant committed a crime against the married victim at night at a place without human resources; (c) the part and degree of the indecent act is not provided against the married victim; and (d) the victim seems to have suffered a big mental shock and sexual humiliation.

However, in full view of all the circumstances favorable to the defendant, including the fact that the defendant recognized all of the crimes in this case and reflects the depth of the act, but the degree of indecent act is not weak, the punishment imposed by the court below is somewhat inappropriate, considering all the sentencing conditions shown in the arguments in this case, such as the defendant's age, family relation, criminal record relation, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment of the court below is somewhat inappropriate.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is delivered after the pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;