The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. In the grounds of appeal, the Defendant, at the time of the instant appeal, tried to have sexual intercourse under the agreement with the victim. The victim did not have a state of mental or physical disability or impossibility to resist, and the Defendant did not have any intention to engage in sexual intercourse by taking advantage of the victim’s condition of mental or physical disability or failure to resist. On the third trial date, the Defendant withdrawn the allegation of mistake and misapprehension of legal principles as

According to each evidence duly admitted and investigated by the court below and the trial court, all facts constituting the crime in the judgment of the court below are recognized, and this part of the judgment of the court below cannot be seen as a ground for ex officio reversal. Thus, the above argument is not separately

The crime of this case is committed by the Defendant, who is a teacher of a public high school, intended to have sexual intercourse with the victim by taking advantage of the influence of alcohol at a common place, and the nature of such crime is not good. The Defendant committed the crime of this case by neglecting his duty to maintain dignity as a teacher and committing the crime of this case. The Defendant appears to have caused considerable sexual humiliation to the victim.

The circumstances are favorable to the defendant, such as the fact that there is no criminal history against the defendant, that sexual intercourse is committed against the attempted crime, that the defendant misleads the defendant and reflects his/her wrong, and that the victim does not want the punishment by mutual consent with the victim, and that the defendant must support his/her wife and his/her daughters.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. As the appeal by the defendant is well-grounded, Article 364(6) of the Criminal Procedure Act is reasonable.