The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault against the defendant for 80 hours.

The decision of the court below on the grounds of appeal (three years of imprisonment) is too unreasonable.

Judgment

The crime of this case is an indecent act committed by force against a high school student, who was locked by intrusion upon a new wall, on the ground that the crime of this case is very significant, and it appears that the victim, who was committed the above crime at his own house, appears to have been subjected to considerable sexual humiliation and mental impulse. The defendant committed the crime of this case when he was sentenced to suspended sentence due to a crime of the same kind in the past, even though he had the past record of being sentenced to suspended sentence, is disadvantageous to the defendant.

On the other hand, the Defendant’s confession of the instant crime is against the Defendant, and the instant crime is committed under the state that the Defendant lacks the ability to discern things or make decisions under the influence of alcohol, and the degree of tangible power exercised by the Defendant is significantly weak, the Defendant has reached an agreement with the victim, and it is relatively clear that the social interest of the Defendant is relatively obvious.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of the recommended sentence according to the guidelines for sentencing established by the Supreme Court (the scope of recommended punishment between September and three years) pursuant to the general guidelines for the crime of indecent act (the scope of recommended punishment) by force (the scope of 13 years or more) under the two types (the crime of forced indecent act, such as forced indecent act by blood / intrusion by blood / special coercion) (the person subject to special mitigation) under the special mitigation area (9 to 3 years) under the special mitigation area (the person subject to special mitigation) where the exercise of tangible power is considerably weak, and the punishment is not imposed upon the defendant, it is judged that the punishment imposed by the court below against the defendant is unfair.

Therefore, the defendant's argument of sentencing is justified.

In conclusion, the defendant's appeal is justified.