Judgment

The fact that the defendant recognizes the crime of this case and is against the defendant, and that the defendant has no record of criminal punishment is favorable to the defendant.

On the other hand, the Defendant’s crime of this case committed sexual intercourse between the victim under the influence of alcohol and the victim’s sexual intercourse with the victim who was aware of the victim’s family life, which led to the victim’s sexual humiliation and mental impulse in light of the content of the crime. The crime of this case appears to have been suffered a considerable sexual humiliation and mental impulse, and that the Defendant did not receive a letter from the victim is disadvantageous to the Defendant.

In light of the above circumstances and the defendant's age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, and the various sentencing conditions indicated in the records, such as the circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court (two to five years of imprisonment) / [the scope of recommended punishment] general criteria for rape (the scope of punishment at least thirteen years of age) and the basic area (two to five years of general rape) of the first type (the scope of punishment) of the crime of rape, it is not determined that the sentence imposed by the court below against the defendant is too unreasonable.

Therefore, the defendant's assertion is without merit.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.