The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is an indecent act committed by the Defendant against the Defendant, such as: (a) the Defendant committed an indecent act by force against the victim, who is a intellectual disabled person and a victim under the age of eight, while studying the victim in the children’s center book; and (b) the nature of the crime is not very good; and (c) the victim appears to have received a considerable physical and mental shock.

On the other hand, the fact that the defendant has no record of criminal punishment, and the defendant has reached an agreement with the victim and the parents of the victim do not want the punishment, etc. are favorable to the defendant.

In addition, in full view of the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, method and consequence of the crime, circumstances after the crime, relationship with the victim, etc., it is judged that the punishment of the court below against the defendant is too unreasonable.

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 3

Application of Statutes

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Order to complete a program;