The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment imposed by the court below (the completion of a sexual assault treatment program with 1 year, 6 months and 80 hours of imprisonment) is too unreasonable.

Judgment

이 사건의 여러 양형조건들을 살펴보면, 이 사건 범행은 피고인이 자신이 운영하는 음식점을 오랜만에 찾아온 14세의 여자 청소년인 피해 자를 식당 계산대 안쪽으로 들어오게 하여 입술을 핥고 가슴을 만지는 등으로 강제 추행한 것으로, 범행의 장소, 수법, 피해자의 나이 및 피고인과 피해자의 관계 등에 비추어 죄질이 매우 불량하고 범정이 무거운 점, 나이 어린 피해자는 피고인의 행위로 상당한 정신적 충격과 성적 수치심을 느낀 것으로 보이는 점 등은 피고인에게 불리한 정상이다.

On the other hand, the fact that the defendant was committed in the past when he committed the crime of this case, appears to have committed the crime of this case in a somewhat contingent and contingent manner, the degree of tangible force used is relatively heavy, and there is no criminal record, and in particular, the fact that the parents of the victim do not want the punishment of the defendant in the first instance by mutual consent with the parents of the victim, is favorable to the defendant.

In full view of the various sentencing conditions, such as the Defendant’s age, sex and environment, family relation, motive, means and method of committing the crime, and circumstances after committing the crime, which are unfavorable or favorable to the Defendant, the lower court’s sentence of imprisonment with prison labor for 1 year and 6 months is too unreasonable.

Therefore, the defendant's ground of appeal disputing unfair sentencing is with merit.

Therefore, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again followed after pleading.