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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, this judgment is delivered against the defendant.
Reasons
1. The sentence of the lower court (the imprisonment of six months and forty hours and the order to complete a sexual assault treatment program) on the summary of the grounds for appeal is too unreasonable.
2. In full view of the circumstances unfavorable to the defendant, such as the fact that the defendant committed an indecent act by force against the victim who is the victim with intellectual disability in the defendant's interest, the fact that the victim explicitly expressed his intention of refusal, etc., but committed an indecent act despite the victim's intention of refusal, the defendant recognized the crime of this case, the victim expressed his intention not to punish the defendant for the crime of this case, the victim expressed his intention not to punish the defendant for the crime of this case, and there is no record of punishment exceeding the same crime or fine, etc. in the argument of this case, the sentence of the court below is somewhat inappropriate and thus
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 298 of the Criminal Act and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);
1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;
1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;
1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49(1) of the Act on Special Cases