The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Unfavorable circumstances: The crime of this case is not likely to be committed in the manner of forcing the victim first in the drinking place to commit an indecent act and causing injury to the victim's face in the refusal of such act.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

As the defendant agreed with the victim in the trial of the party, the injured party does not want to punish the defendant.

The defendant is the first offender.

All the circumstances of sentencing and the scope of recommended punishment according to the sentencing guidelines, including the above unfavorable circumstances, favorable circumstances, the defendant's age and character environment, relation to victims, motive means of crime, results of crime, circumstances after crime, etc., as well as the overall conditions of sentencing and the scope of recommended punishment according to the sentencing guidelines (two months to one year).

(a) The mitigated area (one month to one year of imprisonment) (one year) of the mitigated area (one year of special mitigation) (one year of imprisonment), which is not subject to punishment in the case of forced indecent conduct under the general standard (the scope of recommended punishment)

(b) In the mitigated area (two months to one year), the mitigated area (two months to one year) of ordinary bodily injury (the scope of recommended punishment) (the person who has been specially mitigated) is not subject to punishment;

C. In full view of the total sum of the punishment range of imprisonment with prison labor for the last two months or one year or six months according to the standards for handling multiple crimes, since the sentence imposed by the court below is too unreasonable since the sentence imposed by the defendant is too unreasonable, the defendant's wrongful assertion of sentencing is with merit, while the prosecutor's improper assertion of sentencing is without merit.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again following the pleadings (the prosecutor’s appeal is without merit, and the judgment of the court below shall be reversed separately from the main text.