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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for a period of four years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of two years and six months, and the order to complete a sexual assault treatment program with forty hours) is too unreasonable.
2. The judgment of the defendant committed the crime of this case by allowing the victim, who is one of his friendship with the victim, to enter the telecom under the pretext of introducing investors, and by inducing the victim to enter the telecom, and by inducing the victim to move into the telecom, the victim suffered bodily injury in the process, and thereby causing the victim to commit the crime of this case. The relation between the defendant and the victim, in particular, the defendant was well aware of the fact that the victim is not good in health conditions in light of the circumstances of the crime and the method of the crime.
The victim seems to have suffered a large physical and mental shock and pain, along with a considerable sense of sexual shame, due to the defendant's crime, and the victim actually complained of mental suffering, such as decentralization and depression, on several occasions until the victim is in mind.
Such circumstances are disadvantageous to the defendant.
However, the defendant recognized the crime of this case from the court of the court below.
It does not seem that the degree of indecent act committed by the defendant against the victim or the degree of injury suffered by the victim is very serious.
In the trial of the court below, the defendant deposited 3 million won of compensation with the victim as the victim in the process of the trial of the court below, and after the conclusion of the trial of the court below, the wife of the defendant did not want the punishment of the victim by agreement with the victim.
There is no record of sexual assault before the crime of this case is committed against the defendant, and there is no record of punishment exceeding the fine for the crime of this kind.
These circumstances are favorable to the defendant.
In addition, the above circumstances and the defendant's age, sex, environment, family relationship, relationship between the defendant and the victim, method and result of the crime.