The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Sexual assault treatment for 40 hours against the defendant.

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unreasonable for the lower court’s punishment (eight months of imprisonment and forty hours of sexual assault treatment programs).

2. Determination

A. The Defendant’s act of self-defense in front of the victims at the night, and the victims’ sexual intercourse with their sexual organ, and the fact that the victims did not agree with one victim is disadvantageous to the Defendant.

B. However, in full view of all the sentencing conditions shown in the records and arguments of this case, including the fact that the defendant led to the confession and reflect of the crime of this case, the first offender, the fact that the court below agreed with one victim in the trial, and other factors, such as the defendant's age, environment, sexual conduct, motive and circumstance of the crime of this case, and the situation before and after the crime, the court below's punishment is too unreasonable.

(c)

Therefore, the defendant's above assertion is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Article 245 of the Criminal Act (the point of obscenity in a public performance), and Article 298 (the point of forced indecent act) of the Criminal Act, and the choice of imprisonment with prison labor for each 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. Crimes No. 1 of the grounds for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order: Crimes No. 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the Grounds of Sentencing [the scope of recommendations] that there is no person who has committed an indecent act in the basic area (6 months to 2 years) [the scope of recommendations] [the scope of recommendations] of the crime of indecent act committed on the grounds of the general criteria [the scope of recommendations] of the mitigated area (one month to 1 year] of the mitigated area (the general indecent act committed on the grounds of special mitigation] of the mitigated area (one year from 13 years to 1 year) [the person who has committed an indecent act] of the mitigated area of punishment.