The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

1. Although the Defendant made a mistake of facts, the gist of the grounds for appeal explicitly withdrawn the above assertion on the third trial date of the trial.

The sentence of the lower court (three years of imprisonment, etc.) shall be too unreasonable.

2. The crime of this case is deemed similar to a victim who gets a passenger on a taxi he/she operates, knowing that the victim has a intellectual disability, and thus, the crime of this case is bad in nature.

However, the defendant led to the crime that was denied until the previous trial, and furthermore, in the trial, the victim paid compensation to the victim, and the victim did not want the punishment, and the defendant is the first offender who has no record of criminal punishment.

In full view of these circumstances and various sentencing conditions stipulated in Article 51 of the Criminal Act, the sentence of the lower court is deemed to be too unreasonable.

Defendant’s assertion is with merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence acknowledged by this court are identical to each corresponding column of the judgment of the court below, and they are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the case where the "part of the defendant's statement in court" in Part 13 of the second part of the judgment of the court below is changed into "court statement in court of the defendant"

Application of Statutes

1. Article 6 (4) and (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances as stated in paragraph (2) of the same Article);

1. Article 62 (1) of the Criminal Act (wholly favorable circumstances as stated in the above paragraph (2));

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An order for disclosure;