The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

1. The sentencing of the court below is too inappropriate.

2. The instant crime is an opportunity for the Defendant to engage in the act of massage without qualification, and the crime is not good in light of the details and content of the crime.

As a result, the victim seems to have suffered considerable mental impulse and pain.

The defendant is subject to a disposition of suspension of indictment on condition of completion of education due to indecent act.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant was fully aware of the crime of this case, and recognized and opposed to his mistake.

In addition, the defendant paid a reasonable amount to the victim and the victim appeals against the defendant by mutual consent with the victim.

Before the instant case, there is no record of criminal punishment other than being subject to a one-time suspended sentence for a crime of immigration offense.

Such circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, various sentencing conditions as shown in the arguments of this case and the records, and the range of recommended sentencing guidelines, it is judged that the sentence of the court below is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 297-2 of the Criminal Act that applies to the crime, the choice of punishment (a point of similar rape), subparagraph 3 of Article 88 and Article 82 (1) of the Medical Service Act (a single choice of imprisonment, inclusive, with prison labor);

1. The Criminal Act among concurrent crimes.