A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

2. The crime of this case is deemed to have sexual intercourse with the victim D, who is under the influence of alcohol, and the nature of the crime is not good, and the victim appears to have suffered a considerable sense of sexual humiliation and mental impulse due to the crime of this case, etc., which are disadvantageous to the defendant.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and seriously reflects the defendant, and that the injured person in the trial of the party uses the defendant and does not want the punishment of the defendant.

In addition to these circumstances, comprehensively taking account of the age, sex, career, environment, family relationship, the circumstances and result of the instant crime, etc., the sentence of imprisonment with prison labor sentenced by the court below to the court below was too unreasonable since it was too unreasonable for the appellate court to have reached an appellate trial.

I seem to appear.

Defendant’s assertion is with merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Grounds for the new judgment] Criminal facts and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55 (1) 3, Mar. 1, 19

1. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions in favor of the above shall be repeatedly considered);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and the Act on the Protection of Children and Juveniles against Sexual Abuse.