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. On the day of the instant case, the Defendant had sexual intercourse with the victim by using the victim’s sexual intercourse when the victim was under the influence of alcohol and became unable to resist. In light of the fact that the victim appears to have received a considerable sense of sexual humiliation and mental impulse, it is necessary to impose heavy liability corresponding thereto on the Defendant.

However, the court below's punishment against the defendant is unfair because it is judged that the defendant's whole sentencing factors and similar cases mentioned in the arguments of this case, such as the defendant's age, career, sexual conduct, environment, motive and circumstance of the crime, circumstance after the crime, etc., are considered in consideration of the circumstances favorable to the defendant, and the equality of punishment is considered.

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

[Grounds for the judgment below] The criminal facts and the summary of the evidence recognized by the court are added to the summary of the evidence "1. The defendant's statement at the trial of the court of first instance" and the summary of the evidence is as stated in each corresponding column of the judgment below, except where "the place where the victim quasi-rapes the victim" is "the place where the victim is quasi-rapeed" in the second 10th 10th 2th 10th of the judgment of the court below. Thus, it is identical to the statement in each corresponding column of the court below.

Application of Statutes

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

1. Article 53 of the Criminal Act for mitigation of amount;