The judgment of the court below is reversed.

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

Sexual assault, 40 hours against the defendant.

1. The summary of the grounds for appeal (alongly unfair assertion) revoked the Defendant’s assertion of mistake and misapprehension of legal principles.

The punishment of the lower court (two years and six months, etc.) shall be too unreasonable.

2. Determination

A. The instant case is a case in which the Defendant used violence in the process of hedging with a female (victim) to whom the Defendant was a school member, committed a crime in the past by drinking the victim’s criminal conduct, thereby damaging or threatening the honor of the victim, and committed two sexual crimes.

The extent of the Defendant’s use of violence or the degree of congested on the victim is not easy, and the content of defamation and sexual violence are also serious.

As a result of the instant crime, the victim complained of a considerable amount of friendly disorder.

Not only sexual crimes but also intimidation and defamation crimes are likely to cause a considerable sense of sexual humiliation and insult as a woman.

As a result of the criminal act committed by the defendant, the victim tried to make an extreme choice on his own.

Such circumstances are disadvantageous to the defendant.

B. It is also necessary to take into account the circumstances favorable to the Defendant.

① In the trial, the Defendant paid a certain amount of agreement on the part of the victim, and the victim expressed his/her intention that he/she is not punished against the Defendant.

(2) The defendant has divided his/her mistake and has no access to the victim.

③ Defendant has no past record of criminal punishment.

④ The instant case is solely derived from the special circumstance, i.e., misunderstanding and lack of understanding with regard to the victim, who was a chain, and it is difficult to readily conclude that the Defendant was derived from violent inclinations or distorted sexual humiliation inherent in the Defendant.

(5) A defendant's family relationship, career, and age can be considered in light of his/her age.

These circumstances are favorable to the defendant.

(c)such as this;