The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The punishment of the lower court (ten months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too large and unreasonable;

Defendant

In addition, the defense counsel explicitly withdraws the assertion of mistake of facts or misapprehension of legal principles on the date of the first trial.

2. In light of the following: (a) the degree of the instant indecent act is not less than that of the determination; (b) the victim who was under 21 years of age at that time seems to have suffered a huge mental shock; (c) the Defendant denied the crime and thereby the victim suffered secondary damage, such as making a statement from the investigative agency to the court below at the time of the indecent act several times; and (d) the Defendant needs to be subject to punishment corresponding to his liability.

However, when the defendant was a first offender with no record of criminal punishment, and all the facts of the crime of this case were judged to be against the defendant's depth. However, considering the defendant's age, occupation, character and behavior, environment, motive and consequence of the crime, circumstances after the crime, etc., as a whole, the sentence of the court below is too unreasonable, taking into account the following factors: the defendant's age, occupation, character and behavior, environment, motive and consequence of the crime, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【Discied Judgment】 The facts constituting a crime and the summary of the evidence recognized by the court, and the summary of the evidence, are as stated in each corresponding column of the judgment of the court below, except for the addition of the Defendant’s oral statement on January 1, 200 in the first instance court order, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;