The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentencing of the lower court (two months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

2. In full view of the circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, circumstance, means and consequence of the commission of the crime, the sentencing of the lower court is too unreasonable, in so doing, considering the following circumstances: (a) the Defendant agreed with the victim of the crime of indecent act by compulsion at the trial; and (b) one million won was paid to the victim of the crime of fraud.

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 it is again decided after pleading.

[Discied Judgment] The same as the relevant column of the judgment of the court below on criminal facts and the summary of evidence.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 298 and 347 (1) of the Criminal Act concerning criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction of a sex crime subject to registration becomes final and conclusive with respect to the registration of personal information and a sex offense subject to registration under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused shall be a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

In full view of the Defendant’s age, occupation, family environment, social relationship, risk of recidivism, motive and content of the instant crime, disclosure order or notification order, disadvantage and side effects of the Defendant due to employment restriction order, prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc., the special circumstances and the employment restriction order shall not be disclosed or notified.