The judgment of the first instance shall be 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 becomes final and conclusive.

1. The punishment of the court of first instance (the imprisonment of one year, the completion of sexual assault treatment programs with 80 hours, and the employment restrictions between 3 years) against the accused against the summary of the grounds for appeal is too unreasonable;

2. The Defendant’s indecent act in the board was repeated over a long time, and the degree of each indecent act is also difficult to deem that the Defendant’s indecent act is light.

Mental suffering, such as sexual health, etc., suffered by the victim due to the accused's indecent act, is reasonable.

As such, the circumstances unfavorable to the defendant are remarkable.

However, in accordance with the defendant's efforts to recover damage on the part of the defendant, the agreement with the victim was reached in the trial, the victim expressed his intention not to want the punishment of the defendant, the confession of the crime was made in the trial by the defendant, the defendant expressed his intention of reflect while remaining in the trial for three months, and the defendant has expressed his intention of reflect. The defendant has no same criminal power and there is no other criminal power other than punishment as a fine on three occasions before 2003.

In addition, the sentencing of the court of the first instance is necessary to be mitigated in full view of various circumstances, including the Defendant’s age, character and conduct, the environment, the motive and background of the offense, the means and consequence of the offense, and the circumstances after the offense.

3. Since the appeal by the defendant is well-grounded, the judgment of the first instance court is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Discied reasoning of the judgment] Criminal facts and the summary of evidence against the defendant recognized by the court is identical to the corresponding column of the judgment of the court of first instance, except for the addition of “1. Defendant’s current trial statement” to “a summary of evidence” in the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;