The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

1. The summary of the grounds for appeal: The punishment imposed by the lower court (three years of imprisonment and five years of suspended execution) is too uneasy and unreasonable.

2. Determination

A. The Defendant recognized and reflected his wrongness.

Defendant has no criminal experience punished for a sex offense.

B. The Defendant, who was in charge of operating the joint sports center, committed indecent acts by force on two occasions against the victims of female children aged 11 who were at the 11-year age group, who had the said gymnasium.

In light of the method of indecent act and the above, it is obvious that the motive for the Defendant to meet the intent and sexual desire of indecent act is not easy, and considering the relationship between the Defendant and the victim and the victim's age, the crime of this case in question is a bad character.

As a result of the defendant's crime, the victim was in a deep mental impulse such as fear and sexual health.

The defendant did not receive a letter from the victim, and the victim and his parents want to severely punish the defendant.

C. Based on the above circumstances, examining the sentencing guidelines for the Defendant’s crime of this case and the enactment of the Supreme Court’s sentencing committee are as follows.

1) Scope of applicable sentences under the Act: Imprisonment with prison labor for a period of two years and six months to two years and six months (minimum mitigation) (Discretionary mitigation) and two crimes [Indecent Acts, etc. in Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, etc. of Minors under thirteen years of age)]] for sex crimes;

(d) The scope of recommendations according to the criteria for handling multiple crimes: 4 to 10 years and 6 months (the first crime maximum 2 crimes maximum 1/2) of imprisonment (the first crime maximum 1/2) without any indecent act by force [the scope of recommendations and recommendations] (the scope of recommendations and recommendations] by force, and 4 to 7 years (no general person) by force: 4 to 10 years: Imprisonment;

D. The above circumstances include the Defendant’s age, criminal record, character and conduct, environment, family relationship, motive and background of the crime.