A defendant shall be punished by imprisonment for three years.

However, for five years from the date this judgment becomes final and conclusive.

2. In light of the fact that the defendant intrudes on the room in which the victim is the married victim, and the victim was raped by the body of the shoulderer, and the victim seems to have suffered considerable mental impulse and pain, etc., it is necessary to punish the defendant corresponding to the crime.

However, it seems that the defendant's mistake is divided and reflected in depth, the victim does not want the punishment of the defendant, the defendant does not directly exercise physical power or make a threatening speech or behavior against the victim, and the defendant has taken a female-child organ under drinking, and it seems that the victim who was unsatisfing due to the difference in visit that was unsatisfying due to the lack of female-child club's house, and the crime has been committed contingently. The fact that there was no history of punishment or suspension of qualification or heavier punishment for the same crime, there is no history of being punished for the same crime or of being suspended of qualification or more severe punishment, and the fact that the mother of physical disability 1 should look at the age, character and conduct of the defendant, family relationship, circumstances after the crime, etc., and all the conditions of the punishment as shown in the records and arguments are considered to be unfair.

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.

Criminal facts

The summary of the evidence and the facts charged by the defendant, recognized by the court, and the summary of the evidence, are as follows: 1. The defendant's trial statement is added to the summary of the evidence.