The judgment of the court below is reversed.

Defendant shall be punished by a fine of 12,000,000 won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 25 million and completion of sexual assault treatment programs 40 hours) is too unreasonable.

2. The crime of this case is an indecent act committed by the Defendant against the victim’s hand, etc. working at a convenience store, and the nature of the crime is not good. The victim, who is a high school student, appears to have obtained considerable mental impulse due to the crime of this case, and the Defendant did not make any particular effort to recover damage, and the victim wanted to be punished by the Defendant, etc. is disadvantageous to the Defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime of this case in the trial, that the degree of indecent act by the defendant is not much serious, that there is no record of punishment for sexual crimes, that the defendant has paid the child support after the divorce, and that the defendant has to pay the child support in the future.

In addition to these circumstances, comprehensively taking account of the Defendant’s age, sexual conduct, background and consequence of the instant crime, and various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime, the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion is with merit.

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 the judgment below is ruled again as follows after pleading.

[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court, and the summary of the evidence, are cited in accordance with Article 369 of the Criminal Procedure Act, except for the judgment below’s finding “1. Part of the Defendant’s legal statement” as “1. The Defendant’s factual statement” as “the Defendant’s current trial statement”, and thus, it is identical to each corresponding column of the judgment below.

Application of Statutes

1. The relevant Article of the Act concerning the facts constituting the crime and the selective child or juvenile;