성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Sexual assault against the defendant for 80 hours.
The gist of the appeal is as follows: ① The defendant misleads the victim as to Section 1 of the original judgment; ② The defendant only caused the victim to have his sexual intercourse with his sexual intercourse with his sexual intercourse with his sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his own body, not with his own sexual intercourse with his previous sexual intercourse with his previous sexual intercourse with his own will of his own victim. < Amended by Presidential Decree No. 18582, Apr. 20, 2000, 200. 3>
Nevertheless, the court below erred by misapprehending the legal principles as to the facts charged of this case.
The punishment sentenced by the court below to the defendant (four years of imprisonment) is too unreasonable.
Judgment
The term "competence" in the determination of the assertion of factual mistake means an act that causes sexual humiliation or aversion to the general public objectively and is contrary to good sexual morality, which infringes on the victim's sexual freedom.
Whether it is the victim's intention, gender, age, offender and victim.