The judgment of the court below is reversed.

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

except that, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months and 40 hours in completion of sexual assault treatment programs) of the lower court is too unreasonable.

2. The crime of this case, which is judged, is not very good for the victim to have sexual intercourse with the victim who is an employee of the fee, and is trying to have sexual intercourse with the victim by taking advantage of the state of the victim's refusal to resist. It is highly likely that the victim has suffered considerable sexual humiliation and mental suffering.

However, the defendant is the first offender, and the crime of this case was committed in the past, and in particular, the defendant recognized the crime of this case differently from the judgment of the court below and reflected depth, and it is recognized that there are favorable circumstances such as the victim and the victim did not want the punishment against the defendant.

In addition, considering the various circumstances, such as the Defendant’s age, character and conduct, the environment, the motive, means and consequence of the instant crime, the circumstances after the crime, etc., the sentence of the lower court that sentenced the Defendant for one year and six months seems to be too unreasonable.

Therefore, the defendant's above assertion is justified.

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 recognized by the court is identical to facts constituting an offense and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment below. Thus, they are quoted as it is in accordance with Article 369

Application of Statutes

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

1. Special cases concerning the punishment, etc. of sexual assault crimes;