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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
The defendant shall be treated for 40 hours sexual assault.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (a punishment of six months of imprisonment and a sexual assault treatment program of 40 hours of order) is too unreasonable.
2. The defendant committed an indecent act by force against the victim and committed an indecent act by force against the victim. It is not good that the crime is committed against the victim.
However, when comprehensively considering the circumstances of each of the of the crimes of this case, including the confession of each of the crimes of this case, the Defendant’s mistake is against himself/herself, the Defendant agreed in the trial at the time of the party, and the Defendant has no record of being punished as a sexual crime or of being punished in excess of the fine, the circumstances after the crime, the Defendant’s environment, etc., and the various sentencing conditions indicated in the records and arguments on the change of the records of this case, the lower court’s punishment is somewhat unreasonable, and thus, the above assertion by the Defendant is reasonable.
3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the pleading is added, and the following is ruled again.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 45 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes during the period of the registration of personal information;
1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.