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.

1. Summary of grounds for appeal;

A. Defendant - The lower court’s imprisonment (six months of imprisonment) is too heavy.

B. Prosecutor’s unreasonable sentencing - The lower court’s sentence is too minor.

2. We examine each of the Defendant and the Prosecutor’s arguments below judgment.

The crime of this case is an indecent act committed by a victim who was aware of the defendant's drinking while drinking alcohol, and thus, the nature of the crime is not weak.

However, it seems that the defendant has recognized all his/her crime from the stage of investigation by the prosecution, and that he/she has been against some degree during the period of reduction exceeding two months.

After the instant case, the Defendant retired a company working as the victim according to the victim’s intent.

The victim expressed his/her intention that he/she does not want to be punished by the original agreement when it comes to the trial.

In 200, the defendant has no record of crime other than punished by a fine due to a violation of the Road Traffic Act, etc.

These points are favorable to the defendant.

In full view of the above circumstances and all other circumstances, including the Defendant’s age, character and conduct, and environment, and the sentencing conditions indicated in the instant pleadings and records, the lower court’s punishment is somewhat inappropriate.

3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is rendered after pleading.

(2) Article 369 of the Criminal Procedure Act provides that “If an appeal by a defendant is reversed on the ground that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed separately).” 【The grounds for the judgment in multiple cases】 criminal facts and summary of evidence are identical to the facts of the crime and summary of evidence of the defendant recognized by the court.”

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62(1) of the Criminal Act (amended by Act No. 62(1)1.