The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. In light of the gist of the grounds for appeal by the defense counsel (unfair form of punishment) and the fact that the defendant mistakenly recognized the defendant, expressed his intention that the victim does not want the punishment of the defendant in the trial, and there is a risk that the defendant might be subject to restructuring in the company accompanying the case, the sentence of the court below which sentenced the order to complete a sexual assault treatment program for 40 hours is too unreasonable.

2. In light of the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s personality and behavior, environment, etc., the lower court’s punishment is unreasonable, because it is determined that the Defendant’s punishment is unreasonable, and the above assertion is reasonable.

3. Since 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 following is ruled again after pleading.

Criminal facts

The summary of the defendant's crime and the summary of the evidence is the same as that of the judgment of the court below, and therefore all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

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

1. The defendant is finally and conclusively convicted of a quasi-indecent act committed against a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act.