The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Sexual assault, 40 hours against the defendant.

Summary of Grounds for Appeal

A. The sentence imposed by the lower court (one year of imprisonment, 40 hours of order) 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 an unfavorable circumstance against the defendant, in light of the following: (a) the defendant photographs the head of sexual intercourse with the victim; (b) the victim requested the judgment of the victim; and (c) the victim assaultss and intimidatess the victim; and (d) the photograph capturing the video taken as above to his husband was sent to the victim; (b) the nature of the crime is very poor in light of the details and contents of the crime; (c) the victim appears to have suffered considerable mental pain due to such crime; and (d) the defendant has been punished several times of a crime of violence.

However, the defendant recognized all of the crimes of this case, and submitted a written agreement from the victim in the trial. However, the victim did not receive any agreement from the victim. However, the defendant's mother received a letter from the defendant's mother's mother to the effect that "the mother of the defendant's mother promises not to contact or access the victim's and his family members, and the defendant's mother will compensate for the damage if the defendant violates it."

The fact that there is no record that the defendant has been punished in excess of sexual assault or fine is 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. In conclusion, the defendant's appeal is reasonable, and Article 364 of the Criminal Procedure Act is reasonable.