The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year and six months of imprisonment, 40 hours of order to complete a sexual assault treatment program, 3 years of employment restriction order) is too unreasonable.

2. The judgment of the Defendant: (a) committed serious injury to the victim by using a mound, which is a dangerous thing; and (b) taken the victim’s image, which is a dead body of the victim.

However, the Defendant recognized the instant crime and is against the Defendant.

The defendant paid a reasonable amount to the victim and agreed with the victim during the trial.

The victim does not want to punish the defendant any longer, but want to take the action against the defendant.

The defendant has no history of criminal punishment.

In addition, in addition to the fact that the defendant's age, character and conduct, environment, motive, content, means and consequence of the crime, and all the sentencing conditions shown in the records and arguments of this case, including the circumstances after the crime, have changed in terms of the victim's grounds for the punishment and the source of prior carbon compared to the original judgment, the punishment sentenced by the court below is too unfair.

The defendant's assertion of unfair sentencing is justified.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258 of the Criminal Act concerning the crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. From among concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and (2) and 50 of the Criminal Act (an aggravated punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with a heavier penalty);

1. Article 62 of the Criminal Act: