The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

1. The crime of this case as to the grounds for appeal of this case is one of the following circumstances: (a) the degree of indecent act is minor as a matter of making so set soup by the Defendant’s chest, and the Defendant’s sentence is final and conclusive after sentenceing the sentence to the Defendant; (b) it seems that the previous suspended sentence will be invalidated; and (c) the fact that it seems too harsh in light of the contents of the previous suspended sentence and the degree of the indecent act in this case’s indecent act is considered favorable for the Defendant.

However, the Defendant had been punished several times for the same kind of crime as the instant case; in particular, on February 19, 2014, one year of imprisonment for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape, etc.) and two years of suspension of execution was sentenced on February 19, 2014, and thus, again committed the instant crime, and there was an agreement between the victim and the victim up to the trial.

In light of the circumstances such as the fact that there are no circumstances to deem the victim or the victim as being the defendant's wife and being the defendant's wife, considering various sentencing conditions indicated in the records, such as the defendant's age, character and conduct, means and consequence of the crime, and circumstances after the crime, the lower court's punishment (including the completion of the sexual assault treatment program for a fine of KRW 5 million, KRW 80 hours) is deemed unfair because it is too uneasible

2. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;

1. The former Criminal Act amended by Act No. 12575, May 14, 2014.