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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. In light of the gist of the grounds for appeal by the defendant and his/her defense counsel, it is unreasonable for the court below to impose an order to complete a sexual assault treatment program for six months and forty hours, because of the fact that the defendant commits an error against the defendant, and that he/she supports two old parents and his/her children.
2. In light of the following: (a) the Defendant’s mistake is against the Defendant; (b) there is no history of criminal punishment; (c) the victim expressed his intent that the Defendant does not want the punishment of the Defendant when it comes to the trial; and (d) other various factors specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the motive and background of each of the crimes of this case; (b) the circumstances before and after the crime of this case; (c) the degree of damage; and (d) the character and conduct of the Defendant as shown in the records
3. 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 with merit, and the judgment below is again ruled as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. The point of obscenity using each communication medium as stated in the relevant statutory provisions and the judgment of the choice of punishment on criminal facts: Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Where a conviction on a sex offense subject to the obligation to submit personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall submit personal information to a related agency