The judgment of the court below is reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (five million won in punishment, 40 hours in order to complete a program) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to the wrongful argument of sentencing by the Defendant and the prosecutor, the crime of this case is deemed to have committed an indecent act against the victim by holding the Defendant immediately subsequent to the victim’s appearance of the post by personal teaching. However, in light of the method of crime and the relationship with the victim, etc., although the liability for the crime is deemed not to be negligible, it is acknowledged that the Defendant denied the crime at the court below, and against the Defendant’s mistake, and that the degree of the indecent act in this case itself itself is particularly important.

Considering the fact that it is difficult to see that the Defendant agreed with the victim, that the Defendant was the first offender who has no criminal history, that the Defendant was the first offender with no criminal history, and that other various sentencing conditions specified in the records and arguments of this case, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is reasonable, and the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor’s appeal is without merit, but the defendant’s appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant’s appeal is again decided as follows ( insofar as the court below accepted the defendant’s appeal and reversed the decision of the court below, the prosecutor’s appeal shall not be dismissed separately). The summary of criminal facts and evidence acknowledged by this court is identical to each corresponding column of the court below, except for adding “1. Defendant’s oral statement” to “a summary of evidence” column, and thus, it is identical to each corresponding column of the court below’s judgment.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;