The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the summary of the grounds for appeal (the completion of a sexual assault treatment program with imprisonment for one year and six months, forty hours, and restrictions on employment of welfare facilities for children and juveniles-related institutions, etc. for three years) is too unreasonable;

2. In light of the contents and motive of the instant crime, although the nature of the crime is less than that of the Defendant in light of the substance and motive of the instant crime, the Defendant did not have any specific criminal power except for the punishment imposed on two occasions as a minor fine, and all the facts denied by the lower court in the first instance trial are deemed to be against the Defendant’s wrongness. However, considering the following as a whole: (a) the Defendant’s age, occupation, character and behavior, environment, motive and consequence of the instant crime; and (b) the Defendant’s punishment is not imposed against the Defendant by unanimous agreement with the victim after the sentence of the lower judgment was rendered; and (c) the sentence of the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【Reason used in multi-level] Criminal facts and summary of evidence acknowledged by the court, and summary of evidence, are identical to each corresponding column of the judgment of the court below, except where the court below stated “1. The Defendant’s partial statement” of the first instance as “1. The Defendant’s oral statement” in the summary of evidence as “1. The Defendant’s oral statement” in the court below’s judgment. Thus, it is acceptable in accordance with Article 369

Application of Statutes

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); and