The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible that the lower court’s punishment (2.5 million won of punishment, and 40 hours of order to complete a sexual assault treatment program) is too unfased.

2. Determination

A. It is recognized that the defendant led to the confession of the crime, and that the victim does not want the punishment of the defendant by agreement with the victim.

B. However, in full view of the following circumstances: (a) the Defendant forced the resistance victim to commit a indecent act by compulsion; (b) the nature of the crime is very bad; (c) the victim appears to have been subject to considerable mental impulse; (d) the Defendant has been subject to criminal punishment several times; and (e) the Defendant’s age, background of the crime, and circumstances after the crime, etc., which form the conditions for sentencing specified in the argument of the instant case, such as the Defendant’s age, criminal history, and the circumstances after the crime, the lower court’s punishment is deemed unfair and unfair.

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is so decided as follows through a new theory of change.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, and community service work, under Article 62-2 of the Criminal Act;

1. Where a conviction on the facts of a sex crime subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the defendant 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 defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

order to disclose personal information; or