The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

Unfair sentencing: The sentence of the lower court (one year of imprisonment) is too unreasonable.

Judgment

The crime of this case is an indecent act by the defendant's appearance of the victim who is a high school student living in neighboring areas and the face of the chest, who was faced with his face, and was drunk, and is not a good crime in light of the contents of the crime and the degree of indecent act.

The Defendant has a high possibility of social criticism in that he/she committed the above sexual crimes against the victim who needs protection and support from society due to excessive age of 16 and intellectual disabilities.

Due to the crime of this case, it can be sufficiently found that the victim's emotional shock and fear is high.

However, the Defendant recognized all of the instant crimes from the lower court to the lower court, and is in profoundly against his mistake.

There is no record of criminal punishment against the defendant except for a fine once due to the violation of the Road Traffic Act.

The defendant seems to have committed the crime of this case under the influence of drinking, without putting the victim at a close level, and it does not seem that the defendant planned the crime of this case from the beginning.

The degree of tangible power exercised by the victim is not too severe.

The defendant's health status is not good due to the physical disability third grade, the identification of his or her own nationality and her two children, and the defendant's family in custody for a long time is likely to cause considerable difficulty to the defendant's family when he/she is detained for a long time.

The defendant does not want the punishment of the defendant in consultation with the father of the victim who is the person with parental authority and the victim.

In light of the background of the instant crime and the criminal records of the Defendant, the risk of recidivism is relatively high.

The age, character, character, and behavior of the defendant as well as these circumstances.