The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault against the defendant for forty hours.

1. Reasons for appeal;

A. Prosecutor 1) misunderstanding of the facts and misapprehension of the legal doctrine, the Defendant, on January 2017, without any particular property or income and occupation, transferred the name of BMW vehicle to the victim and paid the lease fee in full if he/she wants to open the BW hospital to the victim.

On January 25, 2017, under the victim's name, a contract to lease 123 million won or more is concluded, and the above BMW vehicle was transferred to the victim, and the crime of fraud was established with property gains equivalent to the same amount. However, on March 20, 2017, the Defendant acquired property gains equivalent to KRW 123,00,000 on the ground that the Defendant delivered the instant vehicle to the victim on March 20, 2017, which was after the crime of fraud, or that the Defendant cannot be deemed to have caused the Defendant's deception. The lower court acquitted the Defendant of the primary charges of 6 parts of the attached Table 1,000 won on or after March 21, 2017.

2) The sentence of the lower court (a year of imprisonment, an order to complete a sexual assault treatment program for 40 hours, etc.) which is unfair in sentencing is too unhued and unreasonable.

B. The above sentence of the court below is too unreasonable.

2. Determination as to the prosecutor’s assertion of mistake, etc.

A. The following facts can be acknowledged according to the evidence duly admitted and examined by the court below.

1) On October 14, 2016, the Defendant was released from prison for four years on the grounds of committing a crime by deceiving a female victim by deceiving him/her, etc., even though he/she is not a sexual surgery but a doctor, and was not a doctor, and thus, he/she could not lawfully open a hospital because he/she did not have any particular property or income and did not intend to do so.

2) Nevertheless, the Defendant became aware of the victim through the introduction of D(AD) around the beginning of December 2016, approximately two months after the release, and the victim’s name “G sex outdoor and the head Qel representing imposition,” as the victim’s name was 2 months.