The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The sentencing of the court below (two years of imprisonment with prison labor for a period of four months suspension, and forty hours of an order to attend a sexual assault treatment course) is too unreasonable.

2. The judgment defendant recognizes his mistake and reflects his wrong, and there is no record of criminal punishment except punishment for a violation of the Road Traffic Act (driving) around 2007.

The Defendant agreed with the victim.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc., the lower court’s sentencing is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading.

[Discied Judgment] The same as the relevant column of the judgment of the court below on criminal facts and the summary of evidence.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of 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, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall submit personal information to the competent agency

In full view of the information disclosure order and notification order, the defendant's age, occupation, family environment, social relationship, risk of recidivism, motive and contents of the crime in this case, disclosure order or notification order, disadvantage and side effects of the defendant's entry due to the employment restriction order, prevention of sex crimes subject to registration that can be achieved due to such order, and the effect of protecting the victims.