The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, suspended execution for two years, and order to attend sexual assault therapy for 80 hours) that the court below sentenced against the defendant is too unreasonable.

2. The crime of this case on the ground that the Defendant committed an indecent act by a police officer who investigated the Defendant’s act of disturbance at the earth’s expense, and committed an indecent act by a police officer in the course of performing official duties, is not good. The degree of sexual humiliation cannot be deemed to be less than that of the victim. The Defendant had the record of 10 times, including two times a suspended sentence, and among them, there are many violent crimes such as obstruction of performance of official duties and injury.

On the other hand, the fact that the defendant is divided and reflected in the crime of this case, the defendant wanted to take the preference against the defendant by agreement with the victim during the trial of the court below, the defendant appears to have committed the crime of this case under the influence of alcohol, the defendant does not seem to have committed an indecent act with sexual desire or sexual intent, the defendant has no record of the same crime, the defendant's family and social compensation is maintained, and the defendant seems to have contributed to the local community and had been in good faith.

In full view of the above circumstances and the motive leading up to the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and arguments, the lower court’s sentencing that sentenced the suspension of the execution of imprisonment is deemed unfair because it is too unreasonable. As such, the Defendant’s assertion of unfair sentencing is reasonable.

3. 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 with merit, and the following is followed after pleading.