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 an unfavorable circumstance against the Defendant, in light of the following: (a) the Defendant was raped after the Defendant’s first voltaged the victim from his main point of view by force; (b) the nature and defectiveness of the crime; and (c) the victim appears to have caused considerable mental shock and sexual humiliation due to the instant case.

The following facts are the circumstances favorable to the defendant: (a) the defendant led to the confession of the crime of this case in late late after the trial; (b) the defendant committed the crime of this case in a contingent manner; (c) the victim and the injured party have agreed smoothly with the victim and did not punish the defendant; (d) the defendant has no record of criminal punishment except for a crime of violation of the Road Traffic Act sentenced twice a fine; (e) the defendant is responsible for supporting the defendant's poor elderly; and (e) the defendant's family and branch members wanting to take a preference against the defendant; and (e) the social ties relationship seems to be relatively clear.

Considering the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive, means and consequence of the crime, various circumstances that are conditions for sentencing, such as the circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court sentencing committee, the sentence of the court below is too unreasonable.

The defendant's appeal 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.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are the same as that of the relevant part of the reasoning of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 297 of the Criminal Act concerning criminal facts