The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Sexual assault against the defendant for forty hours.

1. The gist of the grounds for appeal is that the lower court’s punishment (two years of the suspension of the execution of six months of imprisonment, two hours of the community service order, 120 hours of the sexual assault treatment lecture, and 40 hours of the attendance order) is too uneased and unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant led to an offense, and that the defendant has no record of punishment exceeding the fine.

However, the crime of this case was committed on two occasions by the defendant, and the part of the victim's bath was invaded by the defendant's bath room, and the liability for the crime was not less severe. Even when the defendant received the summons of the defendant at the court below, the defendant was absent on the trial date without any particular reason. On November 1, 2017 and November 29, 2017, the defendant was absent on the trial date twice even though he received the writ of summons of the defendant directly on November 29, 2017. The defendant did not appear on the trial date. There is a doubt that the crime of this case was committed seriously against the defendant, the fact that the defendant was not used from the injured person, and the defendant's age, sex, environment, circumstances after the crime, and all other conditions of sentencing as shown in the argument of this case were taken into account, it is too unfair to sentence against the defendant.

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 again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 12 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15156, Dec. 12, 2017); Articles 299 and 298 of the Criminal Act (a quasi-indecent act committed) and selection of imprisonment with labor, respectively, concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.