The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months of imprisonment and 40 hours of completion of sexual assault treatment programs) against the Defendant is too unreasonable.

2. In light of the relationship and age difference between the defendant and the victim, the attitude of the crime, the degree of criminal conduct, the circumstances after the crime, etc., it is not good to commit the crime, and the mental suffering that the victim had experienced is also likely to have occurred.

However, in light of the following: (a) the Defendant appeared to have committed the crime of late late in the trial; (b) the lower court made the victim as the principal and deposited KRW 2 million with the victim as the principal; and (c) the victim did not want to be punished by the agreement; (d) the Defendant did not have the record of the same crime; and (e) other circumstances, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., on which the sentencing conditions specified in the records and arguments are attached, the lower court’s sentencing is too unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is to be cited in accordance with Article 369 of the Criminal Procedure Act, except for the deletion of “1. Part of the Defendant’s legal statement” among the summary of evidence and addition of “1. Defendant’s legal statement” as stated in the corresponding column of the judgment below.

Application of Statutes

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (normal consideration as seen earlier);

1. Registration and submission of personal information under the main sentence of Article 16 (2) and the main sentence of Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed to attend a course;