The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The defendant shall be treated for 40 hours sexual assault.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment and 80 hours of completion of the sexual assault treatment program) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The circumstances favorable to the judgment: the defendant recognized each of the crimes of this case.

Before the decision of the court below was rendered, the defendant deposited KRW 2 million for the victim.

The crime of this case is committed against the victim's will, after the defendant photographs the sexual relation head, etc. with the victim against the victim's will, and then distributes the pictures and photographs of the victim to the Internet.

The nature of the crime is very poor because of intimidation.

Prior to the instant case, the Defendant took photographs of the body pictures of a female in the process of teaching, and was sentenced to a suspended sentence of two years for ten (10) months by committing a crime that was openly displayed on the carried-over website of the Defendant.

In full view of all the conditions of the arguments of this case and the sentencing indicated in the records, including the above unfavorable circumstances, favorable circumstances, the defendant's age and character environment, relationship with the victim, motive means of crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too uneasible and unfair.

3. The defendant's appeal is without merit, but the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is again decided after pleading.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each of the relevant parts of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes (a photographed by Cameras and other use of Cameras and choice of imprisonment), and each of them shall be applicable;