The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Sexual assault against the defendant for 120 hours.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, 120 hours of order to complete a sexual assault treatment program, 5 years of order of disclosure notification) is too unreasonable.

2. The degree of indecent act committed in the instant crime is serious, and the Defendant has a criminal record of having been sentenced to imprisonment due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Special Force) as stated in all the criminal facts in the judgment of the lower court, and the Defendant is likely to repeat the instant crime again during the period of repeated crime.

However, the court below's punishment is somewhat unreasonable if it takes into account the defendant's age, sex, environment, motive and circumstance of the crime, means and result of the crime, circumstances after the crime, equity with the punishment in the same and similar cases, etc., as well as the defendant's age, sex, environment, motive and circumstance of the crime, the means and result of the crime, etc., such as the fact that the defendant is recognized and against the defendant, and the victim's person wants not only the defendant's punishment but also the defendant's prior action against the defendant, in agreement with the victim.

We accept the defendant's unfair argument in sentencing.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes; Article 49(1)2 and the main sentence of Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse.