The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and twenty hours of order to complete a sexual assault treatment program) is too unreasonable.

2. The crime of this case is not likely to be committed by the Defendant by assaulting the victim's chest, the part of the victim's chest and the part of the sound, committing an indecent act, and inducing the victim's head to drink on the ground that the victim's interference.

However, the defendant recognized the error of the crime of this case and is in profoundly against it.

There is no record of sex offense prior to the crime of this case, and the criminal records of the defendant are about 20 years prior to the crime of this case, and there is also a situation in which the criminal records of the defendant were faithfully observed by the law prior to the crime of this case.

The extent of the instant indecent act and assault’s use of force is not relatively more severe, and the Defendant, upon receiving treatment of alcohol respect, does not repeat the crime.

In the first instance, the defendant agreed with the victim only, and the victim does not want the punishment of the defendant any longer.

In addition, in full view of the motive and background leading to the instant crime, circumstances before and after the instant crime, Defendant’s age, character and conduct, environment, etc., and all the sentencing conditions shown in the records and pleadings, the sentence of the lower court 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 on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows, except for the addition of “a statement made by the defendant in the trial court” in the summary column of the evidence, and thus, it is identical to the statement in each corresponding column of the judgment below, thereby citing it as it is in accordance with Article 3

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the crime, Article 298 of the Criminal Act concerning the choice of punishment, Article 260 (1) of the Criminal Act, and Article 1 of the Criminal Act concerning the selection of imprisonment.