The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Sexual assault against the defendant for 120 hours.

The decision of the court below on the grounds of appeal (eight years of imprisonment) is too unreasonable.

Judgment

The crime of this case is committed by the defendant, who is responsible for raising and protecting the victim as the father and father of the victim, rapes the victim under the age of three times, and commits the attempted rapes once, and is extremely poor in the nature of the crime. The sexual self-determination right of the victim at the time when sexual identity and values are formed due to the crime of this case was infringed, and the victim seems to have suffered considerable mental shock and pain. However, the defendant's failure to take advantage of the victim is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes all of the crimes of this case and reflects his mistake, and that the defendant has no record of criminal punishment is favorable to the defendant.

In addition, the lower limit of the final sentencing range (a period between five years and eight years) based on the basic area of the crime of rape (Rape by blood) (a period of not less than 13 years) in the basic area (a period of rape by blood) under the category 2 (a period of not less than 5 years and 14 years) is lower than the lower limit of the applicable sentencing range under the law, and thus, the lower limit of the applicable sentencing range under the law is lower than the lower limit of the applicable sentencing range (a period of not less than 5 years and 14 months).

In full view of the above, the sentence imposed by the court below on the defendant is somewhat inappropriate.

Therefore, the defendant's argument is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is judged as follows.

【Grounds for a new judgment】 Facts constituting a crime and summary of evidence recognized by the court, and summary of evidence are stated in the corresponding columns of the judgment below.