The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too uneasible that the sentence of the lower court (two years of suspended sentence for one year of imprisonment with prison labor, and forty hours of sexual assault treatment lectures) is too uneasible.

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant, the degree of conduct is not serious, and the elderly is recognized.

B. However, in full view of the following circumstances: (a) the Defendant had the same criminal history; (b) did not agree with the victim; (c) did not fully recover from damage; (d) the Defendant’s mental health was not good; and (e) did not pose a risk of re-offending; and (e) other circumstances that form the sentencing conditions specified in the instant pleadings, such as the Defendant’s criminal history and the circumstances after the crime, the lower court’s punishment is deemed unfair.

(c)

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is so decided as follows through a new theory of change.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Penalty concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Where a conviction of the accused is finalized on the facts constituting the crime of sexual assault crime subject to the obligation to submit personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to a related agency as prescribed in Article 43 of the same Act

disclosure order; or