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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. Summary of the grounds for appeal: Sentencing (the first instance: Imprisonment for six months, the completion of programs for treating sexual assault, 40 hours and 5 years restricted on employment);
2. In light of the fact that the crime of this case was committed by the Defendant with a view to meeting his sexual desire, it is necessary to impose severe liability on the Defendant in light of the fact that the crime was committed.
However, in light of the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, motive and background of the crime of this case, means and consequence, the circumstances after the crime of this case, etc., the sentence of the court below is unreasonable.
Therefore, the defendant's assertion of unfair sentencing is accepted.
3. In conclusion, 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 decision is rendered.
[Discied Reasons for the judgment of the court below] The abstract of facts and evidence recognized by this court is as follows: The summary of the judgment of the court below is as follows: 1. The first head "1. Part of the defendant's court statement" is changed to "1. The defendant's court's court statement".
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 12 of the relevant Act on Criminal Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), the selection of imprisonment with prison labor
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;
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: Welfare of disabled persons;