The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal by the defendant is that the defendant's appeal is unfair because the sentence of the court below (two years of suspended sentence in the month of imprisonment with prison labor, two years of suspended sentence, and one hundred and twenty hours of order to complete sexual assault treatment programs) is too unreasonable, and the prosecutor's appeal's summary of the grounds for appeal is too unfasible and unfair.

2. In full view of all the circumstances, including the following: (a) the judgment was based on the Defendant’s age, sexual conduct, environment, background and consequence of the instant crime; (b) the victim, who is an employee directly in charge of the contract, was physically shocked to the point that the Defendant committed the instant crime; (c) the Defendant recognized and reflects the instant crime; (d) the Defendant was an initial offender who has no record of punishment; and (e) the victim continued to endeavor to reach an agreement with the victim; and (e) the written agreement, withdrawal of the complaint, and written application containing the victim’s intent of not to punish the victim was submitted; and (e) other circumstances, including the Defendant’s age, sex, background and consequence of the instant crime; and (e) the conditions of the sentencing specified in the record and pleadings, such as the circumstances after the instant crime, are unreasonable. Therefore, the Defendant’s appeal is without merit, and there is no ground for appeal by the prosecutor.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows after pleading ( insofar as the judgment of the court below is reversed by accepting the defendant's improper grounds for appeal for sentencing and the judgment of the court below is reversed, it shall not be decided separately in its order as to the prosecutor's appeal for the reason that sentencing is unfair as long as the judgment of the court below is reversed by accepting the defendant's grounds for appeal for sentencing)

Application of Statutes

1. Article 10(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which are applicable to the relevant criminal facts and selective punishment (a penal penalty shall be imposed);