The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for six months of imprisonment and 24 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. The Defendant, as the owner of a farm, committed a crime of committing an indecent act by carrying the victim who was under practical training on his farm in a video room and forcing him to commit the crime, and the nature of the crime is very bad, and the victim is found to have suffered severe mental impulse due to the instant crime.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and reflects against the Defendant; (b) the Defendant deposited KRW 3 million in the lower court for the victim; (c) additionally repaid KRW 7 million in the first instance court to the victim; and (d) the victim did not want the punishment of the Defendant by agreement with the victim; (c) the Defendant does not have the same criminal history; (d) the Defendant did not have any criminal history; (e) the Defendant has an opportunity to reflect while living in prison for two months; and (e) other various conditions attached to the sentencing specified in the instant pleadings, such as the Defendant’s age

Therefore, the defendant's above assertion is justified.

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, and the judgment below is reversed and the case is remanded as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant shall be governed by Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.