1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3.Provided, That the period of five years from the date this judgment becomes final and conclusive shall be the same.

1. The decision of the court below on the summary of the grounds for appeal (the completion of a sexual assault treatment program with 5 years imprisonment and 120 hours) is too unreasonable.

2. The crime of this case is committed by the defendant who is a swimming instructor of the victim and is responsible for protecting the victim in order to grow physically and mentally, and physically. The defendant committed an indecent act against the victim who committed an indecent act against the victim who committed an act with a duty to protect the victim at the age of seven years.

In addition, the parents of one victim suffered a big mental impulse due to the crime of this case, and the victim is likely to receive a big impulse in the process of forming the future sexual identity and values.

On the other hand, the defendant is committing a crime in the first instance and is against the wrongness.

Defendant

In the trial of the party, the victim paid a reasonable amount to the parents of the victim who are legal representatives of the victim, and the victim and the legal representatives of the victim do not want to punish the defendant.

Defendant has no record of being punished for a sex offense.

The defendant is under the influence of the latter half of the 20th century that he will be able to control his sexual impulses in the future, and his parents also have interest and treatment to the defendant, and thus, an environment to support the prevention of recidivism has been created.

In addition to these circumstances, considering all the sentencing conditions shown in the pleadings of this case, such as character, conduct, environment, motive, means and consequence of the crime, circumstances after the crime, the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. Accordingly, the defendant's appeal against the judgment of the court below is justified, and it is reversed in accordance with Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court, and summary of evidence