The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Sexual assault against the defendant for forty hours.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (ten months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The fact that all of the judgment of the crime is recognized, that there is no criminal record of the same kind, and that the defendant's health status is not good is favorable to the defendant.

However, the Defendant repeatedly committed an indecent act against the victim her age, and was highly likely to be subject to criticism in light of the details, method, degree, frequency, etc. of such indecent act, and the sexual humiliation and fear of the victim’s suffering was shown to have been significantly high. The Defendant appeared to have been under counseling treatment at a hospital on a regular basis up to now, but it is difficult to lead a daily life, and the male, who received the Defendant’s order after the sentence of the lower judgment, suffered secondary damages, such as finding the victim’s home and compelling the victim to reach an agreement.

It is disadvantageous to the defendant, such as the fact that the victim is complaining of the damage, the damage has not been repaid at all, and the victim wants to punish the defendant.

In full view of all the circumstances, including these circumstances, such as equity with a similar case, the age, sex, and environment of the defendant, the motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too unfeasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows after pleading ( there is no ground for appeal by the defendant, but the decision of the court below is not dismissed separately from the order as long as the decision of the court below is accepted by the prosecutor and the decision of the court below is reversed).