The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. In light of the gist of the grounds for appeal by the defense counsel (e.g., the Defendant’s mistake, the Defendant committed the instant crime by contingency under the influence of alcohol, suffering from depression, and economicly difficult circumstances, the lower court’s sentence of imprisonment for April, suspension of execution for a period of two years, probation, an order to attend sexual assault treatment for 40 hours, and an order to provide community service for 40 hours is too unreasonable.

2. In light of the following: (a) the Defendant’s mistake is against the judgment; (b) there is no record of criminal punishment other than a fine; (c) the victim expressed his intent that he would not want the punishment of the Defendant at the time of the trial; and (d) other factors such as the motive and background of the instant crime; (b) the circumstances before and after the instant crime; (c) the degree of damage; and (d) the Defendant’s character and conduct, and the environment, etc. as indicated in the instant records and arguments, the above assertion is unreasonable,

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning.

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence is as follows: 1. The defendant's oral statement in the summary of the evidence added "1. The defendant's oral statement in the court below is the same as the statement in each corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant legal provisions concerning facts constituting a crime and the points of indecent act by compulsion of judgment on the choice of punishment: Article 298 of the Criminal Act and choice of imprisonment;

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

1. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation or Order to Attend, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment,