The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Sexual assault against the defendant for forty hours.

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

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

The victim seems to have suffered considerable shock due to the crime of this case committed by the defendant against female passengers in the taxi, which is a place closed at the night.

It is also necessary to strictly take responsibility for sex crimes committed again by a defendant who has a record of sex crimes (obscenity using communications media).

However, the defendant is recognized as being wrong when he/she was in the trial, and is against the law, and there is no criminal record other than fines on two occasions.

The defendant is responsible for raising two children alone, and there are circumstances in which children are able to live exclusively in the economic activities of the defendant, and thus they want to take care of their children.

In addition, considering the equity with the punishment of similar cases like the defendant's age, sex, environment, etc., the sentence of the court below seems to be somewhat inappropriate, and thus, the defendant's argument of sentencing is accepted, and the prosecutor's argument of sentencing is rejected.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading (the prosecutor’s appeal is rejected, but the prosecutor’s appeal is not dismissed as long as the judgment of the court below is reversed by accepting the defendant’s appeal). [Grounds for the new judgment] The summary of criminal facts and evidence is the same as that of each corresponding column of the judgment of the court below, and thus, the summary of criminal facts and evidence recognized by the court is identical to that of the judgment of the court below.

Application of Statutes

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. It decides on the defendant who has registered personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.