The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in the event of imprisonment with prison labor for not less than 2 years, 80 hours, and lecture for sexual assault treatment for 40 hours) is too unreasonable.

2. The circumstance where the degree of indecent act in the instant case was not somewhat weak is recognized.

However, if the defendant has reached a unanimous agreement with the victim for the first time and the victim sought the defendant's wife, the defendant is against the defendant's recognition of the crime of this case, the defendant has no previous conviction exceeding the same kind of crime and fine, the defendant's age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, equity with punishment in the same kind of and similar cases, etc., the court below's punishment is recognized as unfair because it is unreasonable.

We accept the defendant's unfair argument in sentencing.

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

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where a conviction on a sex crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant's age, second offense, and exemption from the disclosure order or notification order.