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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
The lower judgment is reversed by accepting the Defendant’s argument on the grounds of appeal that the Defendant was too heavy (five years of imprisonment) in consideration of the fact that the Defendant’s mistake was divided into one’s own in the trial and agreed with the victim, and the lower judgment is reversed, and it is again decided after pleading as follows (Article 364(6) of the Criminal Procedure Act). Pursuant to Article 369 of the Criminal Procedure Act concerning the summary of criminal facts and evidence, the relevant part of the lower judgment is
Application of Statutes
1. Pursuant to Article 4 of the relevant Act and the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 5(1) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Articles 319(1), 29, and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); and Article 5(1) of the former Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 11574, Apr. 15, 2010)
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 2(2) of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Apr. 15, 2010); the proviso to Article 37(1) and the proviso to Article 41(1) of the former Act (amended by Act No. 11556, Dec. 18, 2012) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); the Defendant’s personal information may not be disclosed or notified in full view of the Defendant’s age, occupation