The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 40 hours against the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the lower court is too unreasonable.

2. The crime of this case, which is judged, is not likely to cause the crime to be committed by the defendant by taking advantage of the victim’s potential state of alcohol.

As a result, the victim has suffered a big mental impulse and has been suffering up to now, the defendant did not receive a letter from the victim, and the victim wanted to be punished strictly by the defendant.

On the other hand, the defendant is an initial offender with no history of criminal punishment, and the defendant is aware of the crime of this case for the first time in the trial and reflects his mistake in depth.

The Defendant confirmed the victim’s refusal intention to commit the crime of quasi-rape immediately and suspended the crime, and did not frightly commit the act of indecent act committed by the Defendant in the process, and there are circumstances to consider the circumstances and contents of the crime of this case.

In full view of the various sentencing conditions stipulated in Article 51 of the Criminal Act along with these circumstances, the sentence of the lower court is deemed to be too unreasonable.

Therefore, the defendant's argument is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by this court are identical to the description of each corresponding column of the judgment of the court below except for adding “1. Defendant’s trial testimony” to the summary of evidence of the judgment of the court below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Discretionary mitigation is explained in Articles 53 and 55(1)3 of the Criminal Act and paragraph (2) of the same Article.