A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court’s improper sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical weakness, the defendant is recognized to have a little of alcohol prior to committing the instant crime.

However, in full view of the content of the reply by the IJ of the trial examiner I, the defendant was in a state that he did not have or lacks the ability to discern things or make decisions due to the crime of this case.

does not appear.

We cannot accept this part of the defendant's argument.

B. As to the wrongful argument of sentencing, the crime of this case is very bad in the nature of the crime of having sexual intercourse with the victim using the victim's mental or physical loss, or the situation where it is impossible to resist, which is the victim of this case, who was under the age of 18, appears to have experienced extreme fear and received serious psychological impulses, etc., which are disadvantageous to the defendant.

The circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflects his mistake, that the defendant has no record of sex offense, and that the victim does not want punishment against the defendant.

Considering the above circumstances, various circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court sentencing committee, the lower court’s punishment is too unreasonable.

We cannot accept this part of the defendant's argument.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

However, "The main sentence of Article 16 (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes" in two of the reasoning of the judgment below is "the main sentence of Article 16 (2)."