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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. Summary of the grounds for appeal: Imposition of the penalty (in cases of original sentence, six months of imprisonment, two years of suspension of execution, probation, community service, 240 hours, 80 hours in courses for sexual assault treatment and education, three years of employment restriction);
2. In light of the subject, background, and method of the instant crime, etc., the amount of the punishment imposed by the court below is too unreasonable in light of the circumstances unfavorable to the Defendant, or the fact that the Defendant has led to a confession of the instant crime, the fact that the Defendant has received a written answer from the victim, the degree of indecent act is relatively minor, etc., and other factors such as sentencing conditions under Article 51 of the Criminal Act are taken into account as favorable to the Defendant.
Therefore, we accept the defendant's argument that the sentencing is excessive.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are as stated in the corresponding column of the judgment of the court below, except where the defendant's partial statement "1.1. defendant's oral statement" in the summary of evidence is "1.1. defendant's oral statement"
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and Article 62(1) of the Criminal Act concerning the suspension of the execution of selective imprisonment with labor, which is applicable to criminal facts;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;
1. An employment restriction order;
(a) Employment restrictions, such as institutions related to children and juveniles: The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
(b) Employment restrictions on welfare facilities for disabled persons: Determination of the sentence as ordered by taking into account the various circumstances examined prior to the grounds for sentencing under the main sentence of Article 59-3(1) of the Welfare
judgment on the registration of personal information.