The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than three years and six months.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. A. The defendant was in a state of mental disability due to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in a relative relationship) at the time of committing this part of the crime. The punishment sentenced by the lower court of unfair sentencing (five years of imprisonment, etc.) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, it is acknowledged that the defendant was in a somewhat interested situation at the time of the crime, but in light of the background, means, and the defendant's behavior before and after the crime, it does not seem that the defendant had a weak ability to discern things at the time of the crime or make decisions.

(P) Even if the defendant was in a state of mental disorder, so long as he/she was placed on his/her own responsibility, Article 10 of the Criminal Act is excluded in accordance with Article 20 of the Special Act on the Punishment, etc. of Sexual Crimes

As to the assertion of unfair sentencing, the crime of this case is not very good in light of the law, circumstances, and contents of the crime.

The Defendant was sexually informed of the victim, and the Defendant bullyingd the victim for a considerable period of time, and prevented the Defendant from committing the instant crime.

The victim suffered serious damage, such as aggravation of health conditions, etc., by the winding to commit the instant crime in the course of being affected by cancer diagnosis.

The defendant has already been involved in several times of assault.

However, the victim has expressed his intention not to be punished by the defendant while receiving compensation from the defendant in the trial, there is no criminal history due to sexual assault, and both the previous criminal records are punished by a fine, and the age, character and conduct, character and environment, motive, means and result of the crime.