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. The decision of the court below on the summary of the grounds of appeal (the fine of 5 million won, the order to complete a sexual assault treatment program 40 hours, the confiscation of gallon No. 21) is too unreasonable.

2. The judgment defendant recognizes a mistake and reflects it, and has no record of criminal punishment for the same kind of crime.

The Defendant agreed with the victim in the first instance.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc., the lower court’s sentencing is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading.

[Discied Judgment] The same as the relevant column of the judgment of the court below on criminal facts and the summary of evidence.

Application of Statutes

1. Article 14 (1) of the relevant Act on the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) applicable to the crime;

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall submit personal information to the competent agency

The defendant's age, occupation, family environment, social relationship, risk of recidivism, motive, contents, disclosure order or notification order, employment restriction order, disadvantage and side effects of the defendant's injury due to the order of disclosure and notification, exemption of employment restriction order.