The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 1.5 million, amounting to KRW 80,000, and amounting to a program for treating sexual assault for 80 hours) is too unreasonable.

2. The degree of judgment on indecent act is not easy, and the defendant has a record of punishment for the same crime.

However, the defendant recognized the crime, and reflects the wrongness, and again, he did not commit the crime, and agreed with the victim.

In full view of the various circumstances, including the Defendant’s age, sex, environment, and circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

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

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

1. Where a conviction becomes final and conclusive on the grounds of the facts constituting a crime in which personal information is registered under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

The defendant enters the military court due to the age, occupation, risk of recidivism, type of crime of this case, motive, process, disclosure order or notification order of the defendant exempted from disclosure order or notification order.