The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

The defendant shall be 40 hours.

Summary of Grounds for Appeal

A. The sentence imposed by the lower court (4 months of imprisonment, 40 hours of order, 3 years of employment restriction order) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The lower court, ex officio, applied Article 298 of the Criminal Act to the instant criminal facts.

However, Article 11 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) shall apply to the crime of this case, which committed an indecent act against the victim at an open space.

In this respect, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment below. Thus, they are quoted as it is in accordance with Article 369

Application of Statutes

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020; hereinafter the same shall apply) and the selection of imprisonment with prison labor for the crime

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main text of Article 59-3(1) of the Act on Welfare of Persons with Disabilities.