The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four 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 (a sexual assault treatment program with 4 months or 40 hours of imprisonment) is too unreasonable.

2. The Defendant appears to have suffered a considerable mental impulse and sexual humiliation due to the instant crime, and the fact that the victimized person was punished due to the failure to agree with the victim is disadvantageous.

However, in light of the favorable circumstances such as the defendant's age, sex behavior, environment, motive and background of the crime, means and consequence of the crime, equity with the punishment in the circumstances after the crime, and the same and similar cases after the crime, where the court below's punishment is unreasonable, it is recognized that the defendant's punishment is unreasonable because it is unreasonable.

We accept the defendant's unfair argument in sentencing.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

【Inasmuch as the lower court’s judgment is identical to each corresponding column of the lower court’s judgment, the criminal facts acknowledged by the lower court and the summary of the relevant evidence are cited in accordance with Article 369 of the Criminal Procedure Act, except that the “1. Defendant’s legal statement” as “1. Defendant’s legal statement” in the column of “a court’s original judgment.”

Application of Statutes

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. A variety of statements presented in the part of judgment on the grounds of the above sentencing grounds for Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Order to Attend Education and Social Service Sexual Crimes.