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 (for 4 months of imprisonment and 24 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. It is recognized that the Defendant committed an indecent act by force after the Defendant was waiting to take care of the minor victim, and committed the instant crime, and the nature of the crime is not good, and the victim appears to have suffered serious mental impulse, such as receiving mental treatment, etc.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and against the instant crime; (b) the Defendant deposited KRW 1 million at the lower court for the recovery of the victim’s damage; (c) additionally paid KRW 2 million at the trial; and (d) the victim did not want to punish the Defendant as agreed with the victim; (d) the Defendant did not have the record of the same crime; (e) the Defendant did not have any record of the same crime; (b) the Defendant had an opportunity to reflect while living in prison for two months; and (c) other circumstances attached to the sentencing conditions specified in the instant pleadings, such as the Defendant’

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and the case is remanded as follows.

Criminal facts

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

Application of Statutes

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act (the above provision);

2. (b) Circumstances favorable to the entries in the port;

1. Where a conviction is finalized on the facts constituting a sex offense stated in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;