A defendant shall be punished by imprisonment for two years.

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

The punishment sentenced by the court below to the defendant (two years and six months of imprisonment) is too unreasonable.

Judgment

The crime of this case is an unfavorable circumstance to the defendant, where the defendant raped a victim who was under the influence of alcohol, and the liability for the crime is heavy, and the victim appears to have suffered a considerable sexual humiliation and physical or mental suffering as well as a considerable sexual humiliation.

On the other hand, there is no record of criminal punishment exceeding the past record of sex offense or fine, and the defendant is late later, and the crime of this case is recognized, and the victim does not want the punishment by agreement with the victim is favorable to the defendant.

In full view of the above circumstances and the defendant's age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., all the sentencing conditions shown in the arguments in this case, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee (the scope of recommended punishment for one year and six months to three years) / [the scope of recommended punishment] general criteria for the mitigation area (one year and six months to three years) of types 1 (general rape) and the mitigation area (one year and six months to three years), and the suspension of execution, it is deemed that the sentence imposed by the court below against the defendant is unfair.

Therefore, the defendant's argument is justified.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

【Reason used in multi-level] Criminal facts and summary of evidence acknowledged by this court, and summary of evidence, are identical to each corresponding column of the judgment of the court below, except where “1. Part of the Defendant’s court statement” in the summary of evidence of the court below as “1. The Defendant’s court statement” is deemed as “the Defendant’s court statement at trial.” Thus, Article 369 of the Criminal Procedure