The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Sexual assault against the defendant for forty hours.

1. The summary of the grounds for appeal was agreed with the victim and the victim was the prior wife against the defendant.

The defendant, under the influence of alcohol, is unable to memory the victim's indecent act, but all of the charges are recognized and is in profoundly against the victim.

The defendant has no previous convictions related to sexual harassment.

The defendant is actively trying to improve drinking habits through the treatment of alcohol addiction.

In full view of these circumstances, it is necessary to take the best possible measures.

2. The judgment defendant did not know even though there were many criminal records due to violence, and did not go to each of the crimes of this case.

On the other hand, the defendant agreed with the victim in the trial.

In addition, considering the defendant's age, family relation, sex, career, environment, details and result of the crime, circumstances after the crime, criminal experience, and all the sentencing circumstances shown in the records and arguments of this case, the sentence imposed by the court below is deemed unfair, and thus, the argument of sentencing is reasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Judgment to be used again] The summary of facts constituting an offense and evidence recognized by the court is identical to the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 298 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. An order to disclose information on registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order and an order to disclose such information, the age, occupation, risk of repeating a crime, details and motive of the crime, the method and consequence of the crime, and seriousness of the crime, or