The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 40 hours.

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, misunderstanding of the fact, she landed from a scam in the vicinity of the beer’s disease, and she left the shoulder bottle to the victim, and she exceeded the Defendant’s “at a good horse.”

There is no stipulation “..........”

A statement made by a victim at an investigative agency is that the defendant was suffering from an empty beer disease, and it was not specifically revealed how the defendant threatened the victim in any way. At the time, the defendant was in force by putting the victim on the rooftop floor and putting the victim at a resistance, so the defendant was frightening the victim, and there was a time to the extent that he threatened the victim with the shock disease after the frighting of beer disease, and the victim was at the time of being frighted

It is difficult to see it.

수사기관은 피해자의 진술만을 토대로 피고인을 추궁하였을 뿐 당시 피고인과 피해 자가 옥상에서 어느 위치에 있었는지, 누워서 실랑이를 하던 중이었는지, 거울과의 거리가 어 땠는지 등에 관하여 충분히 조사하지 않았다.

Nevertheless, the judgment of the court below that recognized that the defendant's shouldered the victim's resistance while leaving the shoulder bottle, which is a dangerous object, had an error of mistake in fact.

B. The punishment sentenced by the court below against the defendant (the imprisonment of five years and the order to complete a sexual assault treatment program for 40 hours) is too unreasonable.

2. Determination

A. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) provides that a person who was sentenced to a punishment or treatment for a sex offense against a child or a sex offense against an adult (hereinafter referred to as "sex offense") shall not operate a facility or a place of business under any of the following subparagraphs (hereinafter referred to as "child-related institution, etc.") or provide a child-related institution, etc. with employment or actual labor.