The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 120 hours.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The instant crime is committed by the Defendant, who is a taxi engineer, seeking quasi-rapeing by using the kacker blades, which is a dangerous object of the victim E, after having been aboard the taxi as a passenger, and committing an indecent act by force after having knicked the victim G to the taxi, and is a bad thing in the nature of the crime.

As a result, victims seem to have suffered considerable mental damage and suffering, and there was no agreement with the victim G, and the victim is strongly trying to punish the defendant.

However, the defendant recognizes his wrong and reflects his fault, and has no record of the same kind of crime.

The court below deposited KRW 10 million for the victim E, and further paid KRW 10 million in the trial and agreed with the above victim.

In addition, considering the various conditions of sentencing as shown in the arguments in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and the recommended sentences in the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing 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, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 14 and Article 4(3) and (1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); and Article 11574 of the former Criminal Act on December 18, 2012.