The judgment of the court below is reversed.

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

except that, for three years from the date this judgment becomes final and conclusive.

In light of the summary of the grounds for appeal (the original trial: one year and six months of imprisonment, and 40 hours of completion of sexual assault treatment programs) and the background and method of each of the crimes of this case, the Defendant’s liability is heavy, and there was a past record of having been punished as a violation of the Medical Service Act, etc., which are disadvantageous to the Defendant, or the Defendant’s confession of each of the crimes of this case, and the Defendant received a written answer from the victim in the first instance trial, and the fact that there was no record of criminal punishment for the last ten years, etc., taking into account the circumstances favorable to the Defendant, and taking into account the sentencing conditions under Article 51 of the Criminal Act, the determination of the punishment imposed by the lower court is too unreasonable.

Therefore, we accept the defendant's argument during the sentencing.

Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is reasonable.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 87(1)2 of the former Medical Service Act (amended by Act No. 1655, Aug. 27, 2019); Articles 27(1)2 and 27(1) of the same Act (amended by Act No. 1655, Aug. 27, 201); Article 298 of the Criminal Act; Articles 298 and 17 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act Article 62 (1) of the Criminal Act is suspended;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. An employment restriction order;

(a) Employment restrictions, such as institutions related to children and juveniles: The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

B. Employment restrictions on welfare facilities for disabled persons: It is ordered in consideration of various circumstances examined prior to the reasons for sentencing under the main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act.