The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

A sexual assault treatment program for 40 hours is provided to the defendant.

1. Summary of the grounds for appeal and the sentencing (in cases of original sentence, 10 months of imprisonment, 2 years of suspended execution, 120 hours of community service, 40 hours of taking courses for sexual assault treatment, 2 years of employment restriction);

2. Determination as to the facts that the defendant led to the crime of this case, and that the defendant has a family member (such as the wife and two married children) who must support the crime of this case, etc. are favorable to the defendant.

However, in light of the circumstances and methods of the instant crime, comprehensively taking account of the fact that the Defendant’s liability is heavy, that the victim’s test was not received, that there was a history of punishment for the same kind of crime in the past, and that there was a history of punishment under Article 51 of the Criminal Act, the amount of punishment imposed by the lower court is too unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is accepted.

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 298 (Selection of Imprisonment)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. An employment restriction order;

(a) Employment restrictions, such as institutions related to children and juveniles: The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

(b) Employment restrictions on welfare facilities for persons with disabilities: Where a conviction becomes final and conclusive on the grounds of the facts stated in the judgment on the registration of personal information of persons with disabilities pursuant to the main sentence of Article 59-3(1), the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and