The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

We examine whether the sentence of the lower court, which returned to the instant case, is too unreasonable in light of the content of the specific case.

The crime of this case was committed with the victim, who is the defendant, together with the drinking place, and the victim collected the fingers from the part of the victim under the influence of alcohol, and it is not good that the crime is committed.

The victim seems to have caused a considerable sense of sexual humiliation.

However, the defendant reflects the crime of this case and has no record of punishment for a sex offense.

After the sentence of the lower judgment, the Defendant agreed with the victim, and the victim expressed his intention not to have the Defendant punished.

In addition to the above circumstances, the Defendant’s age, character and conduct, health conditions, environment, motive, background, means and consequence of the crime, etc. are compared with the original judgment.