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 three years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (one year of imprisonment, 40 hours of orders to complete sexual assault treatment programs, and 3 years of employment restriction orders for children and juveniles-related institutions, etc. and welfare facilities for disabled persons) is too unhued and unreasonable.

B. The above sentence of the court below is too unreasonable.

2. In light of the frequency, means, and methods of the instant crime, the nature of the crime is somewhat weak in light of the need for strict punishment against the so-called “bandk” crime, the Defendant seems to need to be subject to punishment corresponding to his responsibility.

However, the Defendant initially committed the instant crime with no criminal history, and both of the instant facts were committed against the Defendant’s wrongness through a prison life for approximately two months. However, the Defendant agreed with the victim whose identity was confirmed, a considerable number of crimes were attempted, and the social ties were relatively clear, and other various sentencing conditions indicated in the instant records, such as the Defendant’s age, character and behavior, occupation, environment, family relationship, motive, means and consequence of the instant crime, etc., shall be taken into account, taking into account the following factors: (a) the Defendant’s punishment of the lower court is somewhat weak.

It is rather unreasonable rather than it is too unreasonable.

3. In conclusion, since the defendant's appeal is reasonable, the judgment of the court below shall be reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading. However, the prosecutor's appeal shall not be dismissed as long as the judgment of the court below

【Discied Judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting the offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369

Application of Statutes

1. Relevant Article on criminal facts and the punishment, etc. of sexual crimes subject to the selection of punishment;