The judgment of the court below is reversed.

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

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 (limited to eight months of imprisonment, 40 hours of order to complete a sexual assault treatment program, 3 years of employment restriction order, confiscation) is too unreasonable.

2. The Defendant, after photographing her her am, posted the above photographing at a Kakao Stockholm room in which four persons, such as the Defendant and her friend, etc., participate, and the victim seems to have suffered considerable mental pain.

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

The Defendant agreed with the victim in the first instance.

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 judgment of the court below, 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 each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 14(1) and (2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), the selection of imprisonment with prison labor, and the selection of punishment for a criminal offense

1. From among concurrent crimes, a person who committed a crime under the former part of Article 37, Article 38(1)2, or Article 50 of the Criminal Act with the largest penalty on April 4, 2020.