The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The summary of the grounds for appeal (e.g., a fine of 5 million won and 40 hours for sexual assault treatment programs) of the lower court is deemed to be too uneasible and unfair.

2. Determination

A. It is recognized that the Defendant, who led to the instant crime, led to the confession of and reflect on the instant crime, and that he was the first offender.

B. However, in full view of the following circumstances: (a) the Defendant committed an indecent act against the female in the living site returned to home at the night and the nature of the crime is not very good; (b) the degree of indecent act, such as the Defendant’s her kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn't agree with the victim

C. Therefore, the prosecutor's above assertion is with merit.

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.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Probation and community service businesses under Article 62-2 of the Criminal Act;

1. The grounds for the sentencing of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the Punishment, etc. of Sexual Crimes committed after order to complete program [the scope of recommending punishment] and the general standards for the crime of indecent act by compulsion (subject to the age of 13 or older) and the basic area (6 to two years) of the crime of indecent act by indecent act by compulsion (the decision

B. In a case where a conviction against the Defendant is finalized on the criminal facts of indecent act by force, which are subject to the obligation to submit personal information, the Defendant is punished for a sexual crime.