The judgment of the court below is reversed.

The punishment of the accused shall be three years of imprisonment.

Sexual assault against the defendant for forty hours.

1. In this court’s judgment as to the unfair argument of sentencing, the defendant is able to repent while making a confession of the crime of this case, and the victim tried to have the prior wife against the defendant again in mind.

These circumstances are the sentencing factors to be newly considered for the defendant.

In addition, there is no record of committing a crime against the defendant, the fact that there is no record of the health of the defendant, the fact that the defendant's health is good, and the elderly's mother and old old mother are not good, and that the victim and the husband of the victim agree from the investigation stage, and the victim and the husband of the victim use the defendant and do not punish the defendant, can be considered favorably for the defendant.

In full view of these circumstances, the sentencing of the court below is too unfair compared to the responsibility of the defendant, even if considering all of the factors of sentencing, which are disadvantageous to the defendant among the various factors of sentencing in the court below, such as the defendant's age, environment, sex, motive and means of the crime, and circumstances after the crime.

The ground of appeal by the defendant is with merit.

2. The Defendant’s ground of appeal is with merit.

The judgment of the court below is reversed, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court below is identical to the corresponding column of the judgment below, except for the alteration of “the defendant’s partial statement” in the 4th sentence of the judgment below to “the defendant’s statement in this court”.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Punishment of Specific Crimes and the Selection of Punishment, etc., Articles 319(1) and 298 of the Criminal Act (the occupation of indecent acts by force upon residence and the choice of imprisonment with labor), and Article 6 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.