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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
1. The gist of the grounds for appeal asserts that the defendant is too unreasonable that the punishment of the court below (two years of suspended execution in four months of imprisonment, and forty hours of the order to attend sexual assault treatment courses) is too unreasonable, and the prosecutor argues that it is too unhued and unreasonable.
2. The circumstances favorable to the defendant include: (a) the defendant led to the confession of and reflects on the instant crime; (b) there is no record of criminal punishment except the punishment for the crime of causing property damage; and (c) the fact that the defendant deposited KRW 3 million for the victim in the first instance.
However, in this case, the defendant continued to satisfy the chest of a victim returning home on the alleyway at night, and satisfy the chest of the victim's satisfy beyond the floor without being satisfed, which is highly likely to be subject to criticism in light of the method of crime, the part and degree of indecent act, etc., and the victim seems to have suffered a large mental suffering due to the crime of this case. The defendant was not able to use the victim until satisfy, and other circumstances that are conditions for sentencing, such as the defendant's age, character, character, character, intelligence and environment, health condition, motive, means, method and consequence of the crime, and conditions before and after the crime, the sentence imposed by the court below is deemed to be unfair. Thus, the defendant's assertion is without merit, and the prosecutor's assertion is justified.
3. In conclusion, 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 it is again decided as follows after pleading.
(3) The court below's decision on the grounds that the defendant's appeal is without merit, but the court below's decision on the grounds that the defendant's appeal is reversed shall not be dismissed separately from the judgment on the grounds that the defendant's appeal is dismissed.