The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

Summary of Grounds for Appeal

Defendant

The punishment of the court below (two years of imprisonment, 40 hours of order to complete a sexual assault treatment program, 3 years of disclosure and notification, 3 years of employment restriction order) is too unreasonable.

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

Judgment

The crime of this case is an indecent act committed by the Defendant, who was an instructor of a driving school, for the third year of high school, committed a crime, in view of the relationship between the two parties, details and place of the crime, methods of the crime, etc., and the victim appears to have suffered considerable sexual humiliation and mental impulse due to the crime of this case. The defendant denied the crime in the court below, and the mother of the victim and the victim must again attend the court of the court of the court below and state the damage experience, and have the record of suspending indictment for a similar crime, which is disadvantageous to the defendant.

On the other hand, the fact that the defendant does not want the punishment of the defendant in consultation with the victim in the trial, that the defendant recognizes the crime and reflects it, and that the criminal record is only the criminal record of the fine of this kind if it is excluded from the violation of the Punishment of Violences, etc. Act as of March 6, 1993.

As above, considering comprehensively the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime and consequences of the defendant, including the circumstances favorable to the defendant, it is deemed that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

In conclusion, the defendant's appeal is reasonable, and the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

The prosecutor's appeal shall be dismissed for the reason that it is without merit, but as long as the judgment of the court below is reversed, the prosecutor's appeal shall be separately filed.