The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of suspended sentence in August and forty hours of order to attend a lecture in 8 months) is too unreasonable.

2. When comprehensively taking into account the sentencing conditions indicated in the record, such as the fact that most of the body of the victim taken up on the board is difficult, the identity of the victim is not revealed, and the defendant is the primary offender, the sentence of the court below is somewhat heavy even considering the unfavorable circumstances revealed by the court below.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is again ruled as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 14(1)(a) and (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202; hereinafter the same shall apply) against criminal facts under the relevant provision of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202), the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Persons with Disabilities Act ( December 11, 2018), the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure disclosure order, 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 (the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order, or notification order).