The judgment of the court below is reversed.

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

Sexual assault, 40 hours against the defendant.

1. The sentencing of the court below is too inappropriate.

2. The instant crime requires strict punishment against the Defendant, taking into account the following circumstances: (a) the Defendant’s sexual intercourse with the victim, who is part of the Defendant’s restaurant, by taking advantage of the victim’s state of impossibility to resist under the influence of alcohol; and (b) the Defendant’s sexual intercourse with the victim’s mental state and suffering due to the instant crime.

However, when considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, conditions for sentencing specified in the argument of this case, such as the circumstance after the crime, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee, the defendant's above assertion is too unreasonable, since it is recognized that the defendant's punishment of this case is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Punishment of the crime

Since the facts charged by this court are the same as the corresponding column of the judgment of the court below, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The summary of the evidence of the facts constituting the crime acknowledged by this court is as follows: (a) except for the addition of “legal statement of the accused at the trial” after the second page 13 of the judgment of the court below, it is identical to the corresponding column of the judgment of the court below; and (b) it is cited in accordance

Application of Statutes

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program;