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. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, 40 hours to complete a sexual assault treatment program, 5 years of employment restriction order) is too unreasonable.

2. The degree of indecent act committed by the instant crime is significant in determining the grounds for appeal; the victim appears to have suffered considerable sexual humiliation and mental suffering due to the instant crime; and the Defendant’s liability is heavy in light of the relationship between the Defendant and the victim, etc.

However, in full view of all the sentencing conditions in the instant case, including the defendant's age, character and conduct, motive and attitude of the crime, and circumstances after the crime, it is deemed that the sentence imposed by the court below is too unreasonable, because it is too unreasonable, considering the fact that the defendant was found to be guilty of the defendant when the defendant was in the first instance, that the victim did not want the punishment against the defendant by agreement with the victim, that the defendant had no record of criminal punishment for sexual crimes before the instant case.

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.

【다시 쓰는 판결 이유】 범죄사실 및 증거의 요지 이 법원이 인정하는 범죄사실과 그에 대한 증거의 요지는, 원심판결문 제2면 제1행의 “스텝”을 “스태프”로 고치고, 원심판결의 증거의 요지에 “1. 피고인의 당심 법정진술”을 추가하는 것 외에는, 원심판결 각 해당란 기재와 같으므로, 형사소송법 제369조에 따라 그대로 인용한다.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances in determining the grounds for appeal above);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The punishment, etc. of sexual crimes exempted from disclosure or notification orders;