The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (two months of imprisonment and forty hours of sexual assault treatment programs) of the court below is too unreasonable;

2. In light of the following circumstances, even though the defendant denied the crime of this case until the original trial, and did not reach an agreement with the victim, it is acknowledged that the defendant's punishment imposed by the court below is inappropriate by taking into account all the circumstances such as the defendant's age, character and behavior, environment, circumstances after the crime, and risk of recidivism, etc., and the sentencing indicated in the records and arguments of this case, considering the following factors: (a) the defendant did not have any same power; (b) there was no previous conviction except for the crime of violating the Establishment of Homeland Reserve Forces Act; (c) the defendant recognized the crime of this case in the trial; (d) the defendant deposited 10 million won for the victim in the trial; and (e) the defendant appears to have committed the crime of this case in a state of drinking; and (e) the relation between the defendant and the victim; and (e) the circumstances leading up to the occurrence of this case.

3. If so, the defendant's appeal is reasonable, 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

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Where a conviction becomes final and conclusive on the facts stated in the judgment that constitutes a sexual crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused shall obtain personal information under Article 42(1) of the Act on Special Cases