A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

2. The judgment of the Defendant, separately from the victim who became aware of from the customer (the Defendant) and the part-time (the injured party) in the car, brought the victim to the next place in the apartment complex where the victim was living in his own car at the latest night after having the second son, was raped within the car.

The crime of this case is a bad in light of the aforementioned details, contents, and methods of the crime.

The victim seems to have suffered considerable mental pain due to the defendant's crime of this case.

The circumstances after the crime are not good, such as: (a) the Defendant, while selling the victim so-called “brenick”, denies the crime; and (b) the victim appeared and makes statements from the police to the court of original trial several times; and (c) the victim slicks his paind memory

Such circumstances are disadvantageous to the defendant.

On the other hand, when it comes to the trial, the defendant is against the recognition of the crime of this case that is late, and in addition, the defendant made efforts to recover damage on the part of the defendant, and expressed his intention that the victim does not want to be punished.

There is no criminal record except once the suspension of indictment for another type of crime against the accused.

These circumstances are favorable to the defendant.

In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant argument, including the circumstances after the crime, and the scope of recommended sentences and standards for suspended execution according to the sentencing guidelines established by the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act.