1. The guilty part of the judgment of the court below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3. The defendant shall be forty hours.

1. Of the facts charged in the instant case, the lower court convicted the Defendant of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives), and acquitted the Defendant and the prosecutor of the remainder of the facts charged. As the Defendant and the prosecutor appealed only to the guilty part, the part of the acquittal was separated and finalized and excluded from the scope of the judgment in this Court.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. The punishment of the court below (five years of imprisonment) is too unreasonable.

(A) The defendant argued that there was an error of mistake of facts in the judgment of the court, but withdrawn the above argument on the first day of this court).

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. 판단 이 사건 범행은 피고인이 잠을 자고 있는 친딸의 몸 위에 올라타 가슴과 엉덩이를 만지고 입으로 젖꼭지를 빨거나 깨물고, 음부 안에 손가락을 집어넣는 방법으로 추행한 것으로서 그 범행의 수법과 내용에 비추어 죄질이 매우 불량하다.

Although the Defendant, as his father, has a duty to protect and rear the victim, it is rather criticized that the victim has committed the above sexual crime as the object of solving his sexual desire.

Due to the Defendant’s anti-human act, the victim, a juvenile, suffered physical and mental pain that is difficult to cope with. Accordingly, it is clear that the victim will be a major obstacle to the healthy and harmonious personality.

On the other hand, the defendant recognized that all crimes were committed in this court, and reflects the defendant's depth, and based on such attitude, the amount of money equivalent to the victim.