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 summary of the grounds for appeal (an unjust assertion) is too unreasonable in view of the fact that the defendant repents his mistake, and the power of the defendant, etc.

2. The court below seems to have suffered a considerable mental impulse in the circumstances favorable to the defendant, such as the fact that the defendant divided his mistake into one another, and that the defendant has no record of criminal punishment for the same kind of crime, that the defendant committed the crime of this case by drinking and contingently by the defendant, that the defendant paid 10 million won to the court below and agreed with the mother of the victim, etc. (the victim complained of a considerable amount of mental suffering in the 82th of the trial record, such as the victim's presentation of a written statement, expressed his state as a "quilele"). Despite the above agreement, considering the victim's age and degree of damage, the victim's intent needs to be sufficiently considered in sentencing. Considering the above agreement, considering the victim's age and degree of damage, it appears that the victim's intent is necessary to have expressed the victim's intent to still want to punish the defendant. Considering the above agreement, the victim's age, character and behavior, family relationship, motive and circumstance of the defendant's crime of this case and the sentencing guidelines of this case.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

Criminal facts and the summary of evidence recognized by the court shall be as follows.