1. The judgment below is reversed.

2. The defendant shall be punished by a fine of four million won.

3. The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (2 million won of a fine and 40 hours of a sexual assault treatment program) imposed by the court below on the defendant is too unhued and unreasonable.

2. It is recognized that the judgment defendant is the first offender with no criminal history, that the defendant agreed with the victim, and that the degree of indecent act in this case is not serious.

However, the crime of this case was committed by the defendant by forcing the victim to commit an indecent act, and it is also recognized that the crime of this case was not committed in good faith, such as the poor quality of the crime, and the defendant was absent from the original court and the trial court.

In addition, in full view of the various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, etc., it is judged that the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Taking account of the following factors: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of information; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) the Defendant has no previous conviction prior to the instant crime; and (d) details of the