The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 40 hours against the defendant.

1. As to the summary of the grounds for appeal (one year and six months of imprisonment, and forty hours of order) declared by the court below, the defendant asserts that the defendant is too unreasonable, and the prosecutor asserts that the prosecutor is too uncompared and unreasonable.

2. The Defendant had repeatedly attempted to commit an indecent act against a third party who is in charge of a dormitory guide to enter a music university, raising the degree of his or her behavior, and attempted to commit an indecent act. The Defendant’s method and degree of an indecent act closely repeated by undermining marina and respiratory practice, etc. The crime committed by the Defendant was committed with serious pain during the important period of time when the victim was admitted into a university, and he or she was able to attend a meeting with the victim’s parents who trusted the Defendant, and she was able to know the victim’s reliance.

However, the defendant recognized a mistake when he committed a crime late later and agreed with the victim by paying an amount for recovery of damage to the victim. Considering the above change of circumstances, the sentence of the court below is somewhat heavy.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;