The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of six months, the suspension of execution of two years, and the suspension of execution of a sexual assault treatment program 80 hours) is too unreasonable.

2. The judgment of the court below is against the defendant's mistake, such as recognizing the crime of this case when the defendant was in the first instance, that the defendant has no record of punishment for the same kind of crime and there is no record of crime exceeding the fine, that the defendant does not want the punishment of the defendant by mutual consent with the victim in the court below, and that the defendant does not again stop the crime.

In full view of the fact that the defendant's family's support power is well known and the defendant's age, sex, environment, background and motive leading to the crime of this case, and all other matters on the sentencing as shown in the records and arguments of this case, it seems that the punishment of the court below is too unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following judgment is rendered after pleading.

Criminal facts

The gist of the facts constituting an offense and the gist of the evidence admitted by the court is as follows: (a) the Defendant’s partial statement was deleted in the summary of the evidence and the addition of “1.1.1. Defendant’s oral statement” and “the Defendant’s oral statement” as stated in each corresponding column of the lower judgment; (b) thus, they are cited by Article 369 of the Criminal Procedure

Application of Statutes

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where the registration of personal information of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order and the conviction of the accused against the crime of this case becomes final and conclusive, the accused shall be the accused.