The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The sentence of the court below is too heavy.

2. The crime of this case is determined by the following facts: the Defendant’s panty and panty of the victim, who is a 80th female female, is closely charged in light of the object of the crime and the degree of indecent act, etc.

These points are disadvantageous to the defendant.

On the other hand, the defendant led to the confession of the crime of this case.

In the first instance, the defendant agreed with the victim only, and the victim does not want to punish the defendant.

The crime of this case seems to have been committed by the defendant while under the influence of alcohol.

The defendant has no criminal records of the same kind.

These points are favorable to the defendant.

In addition, in full view of all the sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character, conduct, environment, health condition, motive, means and consequence of the crime, etc., the sentence of the lower court is deemed to be too unreasonable.

3. The appeal by the defendant is with merit, and the judgment of the court below is reversed, and it is so decided as follows.

[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Article 298(1) of the Criminal Act (see, e.g., Supreme Court en banc Decision 201Da1541, Apr. 1, 2011) provides that “The Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse” under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 56(1) main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act;

Where a conviction becomes final and conclusive on the facts constituting an offense on which personal information is registered and submitted, the accused shall be punished for sexual crimes.