The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for 6 months of imprisonment and 40 hours of sexual assault treatment programs) is too heavy or (for us) it is too heavy.

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

As a result of the defendant's crime, it is necessary to take strict responsibility for the defendant when the victim was under the psychological shock of the number of victims and retired from the accompanying workplace.

However, the defendant did not have the same criminal record, and it seems that the defendant made efforts to recover damage by making the victim 30,000 won deposit in total from the right after the case to the trial of the party.

In addition, considering the overall circumstances, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime, the court below's punishment is recognized as unfair due to the lack of punishment and the fairness of sentencing.

Therefore, the defendant's improper argument of sentencing is accepted, and the prosecutor's improper argument of sentencing is not accepted.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading (the prosecutor’s appeal is rejected, but the prosecutor’s appeal is not dismissed as long as the judgment of the court below is reversed by accepting the defendant’s appeal). [Grounds for the new judgment] The summary of criminal facts and evidence is the same as that of each corresponding column of the judgment of the court below, and thus, the summary of criminal facts and evidence recognized by the court is identical to that of the judgment of the court below.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

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