The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment, 40 hours of order to complete a sexual assault treatment program, and 5 years of restriction on employment with welfare facilities for children and juveniles, etc.) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination of unfair sentencing by the public prosecutor and the defendant are also examined.

The crime of this case is an indecent act committed against women on the way, and the nature of the crime is not good due to an indecent act committed against them, and the crime during the probation period seems to have high risk of recidivism in light of the circumstances, etc., and the fact that the defendant did not receive a letter from the victims is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, and all other sentencing conditions specified in the records and arguments of this case, the punishment imposed by the court below is somewhat inappropriate. It is judged that the punishment imposed by the court below is inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

(1) The Criminal Procedure Act provides that “The appeal by a prosecutor shall be dismissed unless the appeal by the prosecutor is well-grounded, but the appeal by the prosecutor is accepted by the defendant and the decision of the court below is reversed).” The criminal facts and summary of evidence are as stated in the corresponding column of the judgment of the court below. Thus, all of them shall be accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;