The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

1. The sentencing of the court below is too inappropriate.

2. Considering the fact that the Defendant, as a relative of the victim, has sexual intercourse with the victim who is a child or juvenile by force over several occasions, has committed indecent act by compulsion, and the nature of the crime is very heavy, and that there is a high possibility of social and moral criticism, strict punishment against the Defendant is required.

However, considering the following factors: (a) the Defendant’s mistake is already divided in depth; (b) the Defendant is the primary offender; and (c) the Defendant does not want the Defendant’s punishment by mutual consent with the victim; and (d) the Defendant’s age, character and conduct and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

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 7(5) and (1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (the occupation of a child or juvenile sexual intercourse by force and the choice of a limited imprisonment) concerning criminal facts, Article 5(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) (the occupation of the indecent act by blood relatives listed in the table No. 1 and No. 2 of the crime committed in the original judgment) and Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of indecent act by blood relatives listed in the table No. 3 through No. 7 of the crime committed in the original judgment)

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;