The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years and six months of imprisonment.

except that this judgment.

On the other hand, the victim and the victim expressed their intent that they do not want the punishment of the defendant and express their intent that they want to use their own crimes, while they appear to reflect their mistakes.

This is an element of sentencing to be newly considered for the defendant.

In this context, considering the fact that the defendant has the same kind of criminal records and has no criminal records exceeding the suspended sentence, and other factors of sentencing as shown in the records and arguments of this case, such as the age, character and conduct, career, environment, the background and result of the crime of this case, the circumstances after the crime, etc., the punishment of the court below is too unreasonable even if considering the circumstances unfavorable to the defendant among the various factors of sentencing as stated by the court below.

3. The judgment of the court below is reversed, and the defendant's appeal is justified, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except where the court below changed "1. Part of the defendant's court statement" as "1. The defendant's court statement" of 3.2 of the judgment below as "the defendant's statement in this court".

Application of Statutes

1. Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Article 319(1) of the Criminal Act; Article 299 of the Criminal Act

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in light of the circumstances favorable to the defendant as seen earlier);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances to the defendant as examined in the preceding);

1. Probation, order to attend lectures and order to provide community service, Article 62-2 of the Criminal Act, Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;