The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for eight years.

Sexual assault against the defendant for 120 hours.

1. As to the punishment sentenced by the first instance court (one-half years of imprisonment, etc.), the defendant asserts that it is too unreasonable and unfair, and the prosecutor asserts that it is too uneasible and unfair.

2. The instant crime is found to be a disadvantageous sentencing factor, such as: (a) the instant crime was committed by the Defendant, leading the elderly victims who were in the way to take the desire for the Defendant; (b) the victim left away without being left alone; (c) the victim left alone; and (d) the victim caused death on the roadside of the vehicle; (b) the nature of the instant crime was extremely poor and the method of the crime was very cruel; and (c) the victim was deprived of minor life; and (d) the bereaved family members of the victim was also affected by the death of the victim; and (e) the victim’s bereaved family members were also affected by the death of the victim.

However, it is also recognized that there are favorable factors for sentencing, such as the fact that the Defendant has committed a misunderstanding, the fact that rape was committed in the attempted crime, the fact that there was no criminal force, and that there was no agreement with the bereaved family members of the victim, in particular, at the time of the trial, it has reached an agreement with the bereaved family members.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence sentenced by the first instance court is too unreasonable.

Therefore, the defendant's argument is justified.

3. If so, the defendant's appeal is reasonable, and thus, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: "1. The defendant's partial statement in court" among the summary of the evidence is as "l. the defendant's legal statement" and "1.