The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for five years from the date this judgment becomes final and conclusive.

The judgment of the court below is reversed by accepting the defendant's allegation in the grounds of appeal that the punishment (limited to imprisonment for three years and six months, order to complete sexual assault treatment programs for 80 hours, and additional collection 95 won) of the court below is too heavy, taking into account the fact that the defendant who has no criminal records of probation or more divided his errors in the court, and reached an agreement with the victim, and the judgment below is reversed,

(Article 364(6) of the Criminal Procedure Act. Pursuant to Article 369 of the Criminal Procedure Act, the corresponding part of the judgment of the court below shall be quoted.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), subparagraph 3 (c) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, Article 61 (1) 5, and Article 4 (1), subparagraph 3 (d) of Article 2 of the Narcotics, etc. Act (the point of use of a CD) and Article 297 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on the violation of the Act on the Control of Narcotics, etc. (a punishment provided for in the Act on the Control of Narcotics, etc.).

1. Selection of imprisonment with prison labor for a crime of violating the Act on the Control of Narcotics, etc.;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (within the scope of the sum of the punishment for rape determined by the heavier punishment and the long-term punishment for the violation of the Act on the Control of Narcotics, etc. and the crime of rape);

1. Article 62 (1) of the Criminal Act on the suspended execution (Taking into account the preceding reasons for reversal);

1. Probation, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. (one set x 35 won x 1 set x 60 won x 95 won);

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from disclosure orders and notification orders;