The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (a fine of KRW 3 million, and 40 hours required for the prevention of recidivism of sexual crimes) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. In full view of all the facts pertaining to the crime of this case as a primary offender, although the Defendant, as a taxi engineer, took advantage of the fact that a female passenger under the influence of alcohol was at the safe destination, and did not reach an agreement with the victim, and the Defendant’s age, occupation, and other facts pertaining to the sentencing specified in the records and arguments, the Prosecutor’s assertion is reasonable, since the lower judgment’s punishment is deemed unreasonable.

3. Accordingly, 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 judgment is rendered through pleading

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (see, e.g., the first crime, the degree of indecent act is not serious, and the fact that the person is a patient suffering from a kidney disease).

1. Where this judgment becomes final and conclusive, the accused is 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 is obligated to submit personal information to the chief of the competent police station pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, results and seriousness of crime, disclosure order or notification order.