The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The defendant does not pay the above fine.

【Judgment on Grounds for Appeal】

1. On the summary of the grounds for appeal, the court below's punishment (two months of imprisonment and forty hours of order to complete sexual assault treatment programs) against the defendant is alleged to be too unreasonable, and the defendant asserts that the defendant is too unreasonable, and the prosecutor is too uneasible and unfair.

2. 판단 피고인이 자신이 운영하는 병원 내에서 간호조무사인 피해자의 가슴을 주무르고 혀로 가슴을 핥고 음부를 만지는 방법으로 추행한 범행의 경위, 수법 등에 비추어 이 사건 범행의 죄질이 좋지 않은 점 등을 감안하면 피고인을 엄벌에 처할 필요도 있다.

However, considering the following circumstances, the sentencing of the court below is too inappropriate in light of the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the court below is too unreasonable.

3. As such, the defendant's appeal is with merit. 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

(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed.”

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Special cases concerning the punishment, etc. of sexual assault crimes committed to order;