The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years and six months of imprisonment.

except that this judgment.

It is unfair that the punishment for the accused (two years and six months of imprisonment) against the summary of the grounds for appeal is too unreasonable.

Judgment

In light of the contents, motive, background, means, and consequence, etc. of the instant crime, the nature and circumstances of the instant crime are considerably insufficient, and the victim is considered to have suffered considerable mental pain with the sexual humiliation, and thus, the Defendant is subject to strict punishment in light of various circumstances unfavorable to the Defendant.

However, in the appellate trial, the defendant agreed with the victim by compensating for a considerable amount of damage, and the victim expressed his/her intention that he/she does not want to be punished against the defendant.

In addition, considering the fact that there is no record of criminal punishment against the defendant, that the defendant is able to repent his wrongs through a relatively long-term life, and will not reach recidivism in the future. The victim's family members are also trying to leave his wife against the defendant and help improve the defendant's character and behavior, relationship with the victim, motive, means and consequence of the crime, and other circumstances shown in the records and arguments such as the defendant's age, character and behavior, environment, relationship with the victim, motive, means and consequence after the crime, it is recognized that the punishment imposed by the court below is too unreasonable.

As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions on criminal facts, Article 283(1) of the Criminal Act (the point of intimidation and the choice of imprisonment) and the punishment of sexual crimes, etc.