The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. The instant crime is a case in which the Defendant committed an indecent act by force against a victim, who is a father of D in a de facto marital relationship, and the victim was vulnerable to and de facto in committing the crime, and the Defendant has committed an indecent act repeatedly for a considerable period of time. As such, the crime is not good, it is inevitable to punish the Defendant significantly.

However, in full view of the fact that the defendant recognized the crime of this case and is against the defendant, that the victim agreed with the defendant and did not want to punish the defendant, that the defendant has no record of the same crime, and all other conditions of sentencing against the defendant, the sentencing of the court below is deemed unfair because it is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The main points of the judgment of the court below are as follows.

Application of Statutes

1. Article 6 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11088, Nov. 17, 201); Article 298 of the Criminal Act (the fact of indecent act by compulsion of persons with disabilities under paragraph (1) at the time of sale); Article 5(2) and (5) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act; Article 6(3) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012); Article 298 of the Criminal Act (the fact of indecent act by compulsion of persons with disabilities under paragraph (2) at the time of sale)

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of indecent act by compulsion in relation to relatives).