The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of eight months and the order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. The degree of indecent act committed by the Defendant against the victim is not somewhat weak, and the victim's credit card is used without permission. It is recognized that the crime is not good.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and against the Defendant; (b) when the Defendant was in the first instance, the victim did not want to be punished by the Defendant by agreement with the victim; (c) the amount of damage to the crime of fraud is relatively small; (d) the Defendant is the primary offender; and (e) other circumstances that form the conditions for sentencing specified in the argument of the instant case, such as the Defendant’s age

Therefore, the defendant's above assertion is justified.

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 reversed and the case is remanded as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 347(1) of the Criminal Act concerning the selection of punishment (the fraud point), Article 70(1)3 (the illegal use of credit cards) of the Act on Specialized Financial Business, Articles 299 and 298 of the Criminal Act, and the choice of imprisonment with prison labor;

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. Article 62 (1) of the Criminal Act (the above provision);

2. (b) Circumstances favorable to the entries in the port;

1. Where the conviction of the accused against the sex crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, the accused shall be punished, etc. of sexual crimes.