The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. 1) The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force by force on the part of the Defendant’s relatives) was living together with the victim’s mother at the time of the instant case, and the Defendant did not have an intent to marry with the victim’s mother at the time of the instant case. At the time of the instant case, the Defendant maintained a legal marital relationship with the victim’s mother at the time of the instant case. The Defendant was “Adoc” and the Defendant was not simply living with the victim’s mother, and the Defendant did not have a substantial marital relationship with the victim. Therefore, the Defendant and the victim did not fall under “adoc” under Article 5(5) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Therefore, the room stated in this part of the facts charged is part of the Defendant’s house, the Defendant was frequently living with the victim, and the victim was occupied by the Defendant and the victim only in the workplace.

B. The sentence of unfair sentencing (five years of imprisonment, etc.) is too unreasonable.

2. Determination

A. Determination on the Defendant’s misunderstanding of facts or misapprehension of legal principles 1) The marriage relationship under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is all the substance of marriage, but the marriage relationship formed due to the so-called de facto marriage, which is not legally recognized as a marriage, is also established due to the method and method prescribed by the Act, i.e., reporting of marriage, etc. (hereinafter “Sexual Crimes Punishment Act”).

A de facto relationship as provided in paragraph (5) of Article 5.