The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault, 80 hours against the defendant.

Summary of Grounds for Appeal

The defendant asserts that the punishment sentenced by the court below (five years of imprisonment) is too uncomparably unreasonable, and the prosecutor asserts that the punishment is too uncompared and unreasonable.

Judgment

The defendant has sexual intercourse by taking advantage of his husband who had a intellectual disability and who had a summary penalty system with himself and his husband who had died.

Considering that the crime of this case is planned and used in a systematic trust relationship, both the nature of the crime and the criminal administration are very poor, and the statutory penalty (a life imprisonment or imprisonment with prison labor for not less than seven years) is grave, the defendant shall not be punished by imprisonment with prison labor.

However, considering the fact that the defendant did not exercise violence in the course of committing the crime, there was no history of criminal punishment, and that the court below denied part of the crime at the court of the trial, but the court of the trial recognized his mistake as a whole, and that the defendant would move his residence to another area to prevent the victim from drinking again. In particular, the court below's sentence imposed by the court of the trial is too unreasonable, and the defendant's argument of unfair sentencing pointing this out is justified, and the prosecutor's argument is without merit.

As the appeal by the defendant is well-grounded, the decision of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

Criminal facts

The summary of evidence is identical to each corresponding column of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment of Sexual Crimes and the Punishment, etc. of Sexual Crimes Aggravated Punishment Act (hereinafter referred to as the "Sexual Crimes Punishment Act"), and Article 297 of the Criminal Act;

2. Reduction of a certain amount of reduction: Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do3511, Mar. 3,