The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The gist of the grounds for appeal is too unreasonable that the original court's punishment (one year of imprisonment, etc.) is too unreasonable;

2. The crime of this case by which the defendant committed an indecent act against the victim with the misleading knowledge that the victim is under the influence of alcohol, and thereby, the crime of this case is deemed to be bad.

The victim seems to have suffered a lot of mental pain due to the crime of this case.

However, considering the Defendant’s age, character and conduct, character and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the lower court’s punishment is too unreasonable if it is considered that the sentence of the instant case is too unreasonable.

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

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court and the summary of evidence are as stated in the corresponding column of the judgment of the court below, except where "the defendant's oral statement" is added to the summary of evidence in the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the

Application of Statutes

1. Relevant Articles 300, 299, and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act for discretionary mitigation (i.e., extenuating circumstances favorable to the defendant), Article 53 and Article 55 (1) 3 of the Criminal Act, (ii) Article 62 (1) of the suspended execution of sentence in favor of the defendant);

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

1. Articles 47(1) and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders;