The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant is the subject of sexual assault treatment for 40 hours.

Summary of Grounds for Appeal

A. The sentence imposed by the lower court (one year and six months of imprisonment, 40 hours of order to complete the program) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The crime of this case is a situation unfavorable to the defendant, such as intimidation of the victim who was in a personal relationship with the defendant, sending text messages that cause fears or apprehensions to the victim repeatedly, and sending photographs taken without the victim's consent in light of the background, method, frequency, etc. of the crime, liability for such crime is very heavy, and the victim seems to have suffered a big mental distress due to such crime, and the defendant again committed the crime as described in Article 2019-Ma9398 of the judgment of the court below after being investigated by the police due to the crime as described in Article 2020-Ma4078 of the judgment of the court below, and even during the course of the crime with the victim, he was punished for property damage and assault against the victim.

However, the fact that the Defendant appears to recognize and reflect all of the crimes of this case, that the Defendant paid 5 million won with the agreed amount in the trial, and that the victim did not want the punishment of the Defendant, and that the Defendant did not have any record of criminal punishment for the same kind of crime, etc. are favorable to the Defendant.

In addition, comprehensively taking into account the following factors: Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the punishment sentenced by the court below shall be light.

It is judged that it is too unreasonable rather than that.

Therefore, the prosecutor's argument of unfair sentencing is without merit, and the defendant's argument of unfair sentencing is justified.

3. The judgment 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.