The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (one year of imprisonment and 40 hours of completion of sexual assault treatment programs) is too unreasonable.

Judgment

이 사건 범행은 피고인이 편의점 종업원으로 근무하던 중 아동 ㆍ 청소년인 피해자의 가슴을 손으로 만지거나 움켜쥔 것으로서 그 죄질이 좋지 못한 점, 피해자는 이 사건 범행으로 인하여 적지 않은 성적 수치심과 정신적 충격을 받았던 것으로 보이는 점, 피고인은 2016. 10. 19. 서울 서부지방법원에서 편의점 종업원을 강제로 추행하였다는 범죄사실로 벌금 200만 원을 선고 받기도 한 점 등은 피고인에게 불리한 정상이다.

However, the fact that the defendant recognized the crime of this case and is against the defendant, the fact that the injured person does not want the punishment of the defendant in agreement with the victim in the trial of the party, and the degree of the prosecution is somewhat weak, etc. are favorable to the defendant.

In addition to these circumstances, comprehensively taking account of the age, sex, career, environment, family relationship, the circumstances and result of the instant crime, etc., the sentence of imprisonment with prison labor sentenced by the court below to the court below was too unreasonable since it was too unreasonable for the appellate court to have reached an appellate trial.

I seem to appear.

Defendant’s assertion is with merit.

As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.

[Grounds for the new judgment] Criminal facts and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;