The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Sexual assault, 80 hours against the defendant.

Summary of Grounds for Appeal

The sentence of the lower court (one year of imprisonment, 80 hours of order to complete a sexual assault treatment program, 5 years of employment restriction order) is too unreasonable.

Judgment

In full view of the following circumstances: (a) agreement with some victims was reached at the time of the trial; (b) the Defendant recognized and reflected a crime; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the crime; and (d) circumstances after the crime, etc., the sentence of the lower court is unreasonable.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the choice of imprisonment with prison labor, etc.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Article 48 (1) 1 of the Criminal Act for forfeiture;

1. Where a conviction becomes final and conclusive on the criminal facts of the instant case against the Defendant who registered personal information of Article 186(1) of the Criminal Procedure Act, the Defendant shall be punished for a sexual crime.