The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. In light of the gist of the grounds for appeal by the defense counsel (unfair form of punishment) and the fact that the defendant commits the instant crime by giving the victim a notice of his own objection and contingently, it is unreasonable for the lower court to impose an order to complete a sexual assault treatment program for a period of 1 year and 40 hours, which is too unreasonable.

2. In light of the motive and background of each of the crimes of this case, the circumstances before and after the crimes of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the character and conduct of the defendant and the environment, the judgment of the court below is unreasonable, since it is judged that the punishment of the court below is unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant is the same as the entries in each corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Taking pictures, such as a camera, etc. with respect to criminal facts: The point of each intimidation in the judgment of Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: Article 283 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Confiscation Article 48(1) of the Criminal Act