The judgment of the court below is reversed.

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

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Although the defendant's non-determination of the defendant was subject to an investigation for a considerable period of time and the prosecutor's office took a non-prosecution disposition, it seems that the defendant had suffered considerable mental distress due to such reasons as filing an application for a ruling with the second court.

The defendant did not agree with the accused and the accused wanted to punish the accused.

The name of the crime against a person without accusation is a forced indecent act or injury, and if it is found guilty, it is highly likely that the serious punishment will be made, and it may have a significant impact on the life of the person without accusation.

This is disadvantageous to the defendant.

However, the defendant is making a confession of the crime of this case by entering the court room.

The defendant seems to have been extremely poor in the growth process and family relations.

The defendant shows that the health status is not good, and family members want to take the action against the defendant.

The fact that a person without accusation is not prosecuted or punished in accordance with the defendant'sless accusation, and that the defendant has no other criminal record in addition to the one sentenced to a fine once for the crime of this species, etc. are favorable to the defendant.

When comprehensively considering the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, etc., as shown in the deliberation by the court below and the party concerned, the sentence of the court below is too unfair because it exceeds the reasonable scope of discretion.

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

[Judgment of the court below] The criminal facts and summary of evidence recognized by this court are stated in the judgment below.