The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

The defendant is a sexual assault treatment program for 80 hours.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The instant case is a case where the Defendant committed a single-time indecent act by compulsion against the victim under the age of 13 and a four similar rape crime, and where the nature of such crime is extremely poor, a strict punishment against the Defendant is inevitable.

However, when the defendant was in the trial, he agreed with the legal representative of the victim, and submitted a written application from the victim to the defendant's wife. The defendant recognized his mistake and reflects all his mistake, and there is no criminal power against the defendant.

When comprehensively considering various sentencing conditions such as the defendant's age, character and behavior, environment, motive for the crime, and circumstances after the crime, the court below's punishment is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing on this point is justified.

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.

【Grounds for the Judgment of the court below which is written] Since the facts constituting a crime and the summary of evidence are the same as the corresponding columns of the judgment below, they shall be quoted as they are in accordance with Article 369

Application of Statutes

1. Article applicable to criminal facts;

(a) Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a point of indecent act by compulsion of minors under the age of 13);

(b) Article 7 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a similar act to a minor under the age of 13) committed in the judgment under paragraph (2);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of indecent act by compulsion in relation to relatives).