A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

2. In light of the method, content, planning, etc. of the instant crime, where the Defendant committed a sex offense by gathering the victim from the victim at the first place of drinking where the victim was the victim, he/she is required to punish the victim with severe punishment by increasing the possibility of criticism.

However, the defendant recognized all of the crimes of this case, and expressed his intention that his mistake is divided in depth through confinement, the defendant paid a sum of 40 million won agreed to by the victim and agreed that the victim does not want the punishment of the defendant, the defendant did not have any record of punishment for sexual assault crime, and the social relation seems to be clear, such as the defendant's family's leading to the defendant, and in full view of all the sentencing conditions such as the defendant's age, sex, occupation, family relation, motive, means and result of the crime, etc., the sentence of the court below is somewhat inappropriate.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 62(1) of the Criminal Act on the stay of execution (The conditions favorable to the determination of the aforementioned alleged sentencing)

1. Punishment, etc. of orders to attend lectures and orders to provide community service sexual crimes;