The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Although the defendant's defense counsel stated that the statement of grounds for appeal submitted to this court is erroneous, the defendant's defense counsel withdraws his/her defense counsel from his/her assertion of mistake during the second trial.

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

The crime of this case was committed in the past by the victim who was employed by the defendant as the team leader at the time when the defendant was employed as the team leader, and was sexual intercourse with the victim by taking advantage of the fact that the victim was in a state of her ability to resist due to alcohol, and the victim seems to have suffered a big sexual humiliation and mental suffering due to the crime of this case, etc.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant led to the confession of the crime, the defendant has no record of the crime other than the one-time fine, the defendant has no record of the crime, and the victim has not want to be punished against the defendant by agreement with the victim at the time of the trial, etc., and other sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, the sentence of the

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is delivered.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement of each corresponding column of the judgment below, and thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) regarding criminal facts

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in the preceding favorable circumstances);

1. Punishment of sexual assault crimes committed by the Gu;