The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Sexual assault, 40 hours against the defendant.

1. The summary of the grounds for appeal (one year of imprisonment, 40 hours of sexual assault treatment programs, and 5 years of the public notification order) of the judgment below is too unreasonable.

2. In full view of all the facts pertaining to the sentencing as shown in the records and arguments of this case, the judgment of the court below is without merit and it is judged that the punishment of the defendant is unfair. The defendant's assertion is with merit.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized 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. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 350 (1) of the Criminal Act, and the choice of imprisonment for life;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 37, 38 (1) 2 and 50 of the Criminal Act to increase concurrent crimes;

1. Where this judgment becomes final and conclusive, a defendant is obligated to submit personal information to the chief of the competent police station pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes.

The age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved thereby, and the protection effect of the victim.