The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Six video images seized ( Daejeon District Public Prosecutor's Office.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (an order to complete a sexual assault treatment program for a period of one year and eight months and forty hours, and confiscation) is unreasonable as it is excessively unreasonable.

2. The judgment of the Defendant, in the course of committing an indecent act against the victim C, a juvenile with a family-friendly interest of his spouse in de facto marriage, was taken five times, installed a app by which the CCTV images can be seen by setting up the app, and then the above victim had sexual intercourse. Considering that the crime of this case appears to have suffered severe sexual humiliation and mental pain, and that the victim tried to keep the video files, such as storing the video files taken against the victim’s will, etc., it is necessary for the Defendant to take a heavy responsibility corresponding thereto.

However, considering the facts favorable to the defendant, such as the confession of the defendant, the fact that the defendant is committing a crime, there is no record of criminal punishment due to a sex offense, the victims do not want the punishment of the defendant, and the fact that the victim C's mother's claim amounting to KRW 45 million has been transferred to the victim C, and cash transfer KRW 50 million has been endeavored to recover damage, etc. In addition, considering the defendant's favorable circumstances, comprehensively considering the defendant's age, career, sex, sex behavior, environment, motive and background of the crime, circumstances after the crime, etc., and the equality of both punishment and similar crimes committed against all of the sentencing factors specified in the arguments of this case, the court below's punishment against the defendant is unfair.

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

[Grounds for a new judgment] The Criminal Procedure Act applies to the facts constituting an offense and summary of evidence recognized by the court, as well as the summary of evidence, as stated in the corresponding column of the judgment below.