The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. A summary of the judgment of the court below, the Defendant: (a) exchanged with the victim (the 17-year old), who is a high school student, through the instant Messenger; (b) cut tobacco at the Defendant’s residence, which sought tobacco at the new wall time; and (c) sexual intercourse with the victim off his clothes by force, by force.

[Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compact, etc.) was prosecuted as a charge, and the lower court found the Defendant guilty of the charge and ordered the Defendant to complete a program for treating sexual assault for 3 years and 40 hours, and an employment restriction order for 3 years.

B. The summary of the grounds for appeal (unfair sentencing) 1) The above sentence (one year of imprisonment, etc. imposed by the lower court) by the Defendant is too unreasonable and unfair. 2) The above sentence imposed by the lower court by the public prosecutor is too unreasonable and unfair.

2. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

In cases where there is no change in the conditions of sentencing compared to the original judgment, or the sentencing of the original judgment does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)

Judgment

1. The crime of this case at an unfavorable level is the defendant's inducement of a female victim, who is a high school student, to have sexual intercourse by force, and the responsibility for the crime is heavy.