The judgment of the court below is reversed.

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

Sexual assault against the defendant for 40 hours.

1. The Defendant made a judgment as to the Defendant’s unfair argument of sentencing, and the Defendant made a payment of KRW 55 million to the victim, including KRW 22 million paid before the instant public prosecution was instituted. The Defendant paid the amount agreed upon KRW 77 million to the victim, including KRW 22 million paid before the instant public prosecution was instituted.

The father of the victim submitted a forum for the cancellation of the complaint against the defendant to the police on behalf of the victim, and the father of the victim and the father of the victim additionally submitted an application for punishment that the victim does not want the punishment of the defendant to this court.

In addition, the Defendant did not have any record of criminal punishment except for a violation of the Road Traffic Act, a violation of wild animals and plant protection Act, etc., and did not exercise any tangible force against the victim during the course of the instant crime.

In full view of these circumstances, the Defendant’s age, sex and environment, family relations, motive, means and consequence of the crime, and various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime, are considered to be disadvantageous to the Defendant, the sentence (five years of imprisonment) imposed by the lower court is excessively unreasonable, even considering that the sentencing factors of the lower court are disadvantageous to the Defendant.

2. The Defendant’s ground of appeal is with merit.

The judgment of the court below is reversed, and it is again decided as follows.

Criminal facts

The summary of facts and evidence admitted by this court is as stated in the corresponding column of the original judgment, except for the alteration of “1. Part of the Defendant’s legal statement” to “1. Defendant’s legal statement” in the summary of the evidence as stated in the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant legal provisions and Article 6(5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (a sound between the disabled persons by force) concerning facts constituting an offense, and Articles 152 Subparag. 1 and 43 of the Road Traffic Act (a non-licensed driving, a choice of imprisonment, etc.);