The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

A sexual assault therapy program for the accused.

1. Summary of grounds for appeal;

A. The sentence of the lower court (or four months of imprisonment and 40 hours’ order to complete a sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances favorable to the defendant are that the defendant, who made a confession of the crime of this case, reflects his own mistake in depth, and agreed with the victim smoothly.

However, on February 8, 2017, when considering the following facts: (a) the Defendant was sentenced to a suspended sentence of one year and six months on the grounds of forced indecent conduct at the Gwangju District Court sentenced to one year and three years of a suspended sentence; (b) was committed again without being aware of the fact that he was under the suspended sentence; (c) the Defendant was punished for the same kind of crime; and (d) the instant crime was committed by committing an indecent act committed by the commission of the drunk, and the nature of the crime was very poor, the Defendant’s sentence imposed by the lower court seems to be inappropriate because the sentence imposed by the Defendant is somewhat uneasible, and thus, the Defendant’s argument of sentencing is groundless

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on Special Cases concerning