The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for 100 hours.

1. The summary of the grounds for appeal (an unjust assertion) by the lower court (five years of imprisonment) is too unreasonable.

2. Each of the crimes of this case is an indecent act committed by the defendant against the victim who is a child or juvenile under the age of 13, who is a de facto relative, as his/her spouse’s father and wife under the law, on four occasions. In light of the method and circumstances of the crime, the age of the victim, etc., and the character and circumstances of the crime, and the victim’s age, even though the defendant was in a position to protect and supervise the victim, there is a high possibility of criticism in that he/she committed the above crime against the victim under the age of the victim. Accordingly, the victim suffered a considerable sense of sexual humiliation and mental suffering, and this would have an unexpected impact on the formation of a sound sense of sense and sexual identity of the victim during his/her growth. Moreover, since the defendant denied the crime since the investigative agency conducted the second trial of the court below, it is inevitable to render a sentence corresponding to the criminal liability against the defendant.

However, in light of the following circumstances: (a) the Defendant recognized all of the instant offenses, and there has been no history of punishment in excess of the same kind of crime or fine; and (b) the victim’s wife was able to take account of the circumstances such as the victim’s parent’s desire to take the Defendant’s wife against the Defendant; (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the offense, means and consequence of the offense; and (d) the sentencing guidelines of the Supreme Court Sentencing Committee, such as the circumstances after the offense, and the sentencing guidelines of the Sentencing Committee, the lower court’s punishment is deemed to be undue.

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.

Criminal facts

b) the summary of the evidence and evidence.