The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The lower court’s punishment (one year of imprisonment, 80 hours of order to complete the course) against the Defendant is too unreasonable.

2. The crime of this case is a case in which the defendant committed an indecent act against the victim who is a child or juvenile, and the nature of the crime is not good.

As a result, the victims suffered a considerable sense of sexual humiliation and mental impulse, and such bad experience is likely to have an adverse impact on the formation of sexual values in the future.

Nevertheless, the defendant has consistently denied the crime from the investigative agency to the court of the court below by making an unreasonable vindication.

However, there are extenuating circumstances in favor of the defendant, such as the fact that the defendant agreed smoothly with the victim after the sentence of the original judgment, the confession of the crime that is late in the trial and the misunderstanding of the mistake, the exercise of force and the degree of indecent act against the victim is relatively minor, the fact that the defendant seems to have committed the crime of drinking alcohol and contingently, and that there is no criminal power, etc.

In full view of all the sentencing conditions shown in the arguments of this case, including the defendant's age, character, conduct and environment, family relationship, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the defendant's assertion is reasonable because the sentence imposed by the court below is too unreasonable.

3. The defendant's appeal is with merit, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as follows: (a) except for the alteration of “1. partial statement of the defendant’s court” to “1. The defendant’s court testimony” in the judgment of the court below, it is identical to each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;