The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

A sexual assault therapy program for the accused.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in punishment, and 80 hours in completion of sexual assault treatment programs) is too uneased and unreasonable.

2. The defendant's confession of the crime of this case reflects his mistake in depth, agreed with the victim smoothly, and the degree of conduct is significant.

The fact that it is difficult to see is favorable to the defendant.

However, the Defendant was sentenced to a suspended sentence of imprisonment for ten months due to a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (using and photographing a camera, etc.) after having been sentenced to a suspended sentence of imprisonment for a crime of violation of the Act on the Punishment, etc. of Sexual Crimes, and committed again the instant crime of violation without being aware of the fact that he/she was sentenced to imprisonment for ten months after the completion of the suspended sentence, and that he/she committed again the instant crime of violation. In full view of the circumstances leading to the instant crime, circumstances after the commission of the crime, circumstances after the crime, Defendant’s age, sexual behavior, environment, etc., the Defendant’s sentence imposed by the lower court seems to be unfair as it appears that the Defendant’s punishment of the Defendant

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

Criminal facts

On September 2, 2015, the summary of the evidence and the criminal facts recognized by the court are all criminal facts. The defendant was sentenced to imprisonment with prison labor for ten months at the Gwangju District Court on September 2, 2015 for violations of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.). On April 11, 2016, the execution of the sentence was terminated at the Net Prison.

In addition, “1. A reply to inquiries, such as criminal history,” and “1. An investigation report (a repeated crime and the same kind of force)” are as indicated in each corresponding column of the lower judgment. As such, the summary of the evidence is as stated in each corresponding column of the lower judgment.