The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (eight months of imprisonment) is too unreasonable.

2. The Defendant, as the actual operator of the company, committed an indecent act against the female employee several times, and the criminal nature is heavy in light of the relationship between the Defendant and the victim, the motive of the indecent act, and the repetition thereof.

Until the judgment of the court below, it seems that the victim who denied the crime and caused financial loss to the company would make a false assertion.

However, in light of the fact that the defendant has been in the past when he was in the trial, the victim did not want the punishment of the defendant, the fact that there is no record of criminal punishment against the defendant, and other various sentencing conditions indicated in the record, such as the age and sexual conduct of the defendant, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, except for the addition of “1. Defendant’s trial testimony” to the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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 on the suspended execution;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes where a conviction against the accused is finalized on the criminal facts of sexual assault crimes subject to the obligation to submit personal information, Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.