A defendant shall be punished by imprisonment for not less than two years and six months.

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

2. The instant crime requires strict punishment against the Defendant, taking into account the following factors: (a) the Defendant’s act of committing an indecent act and causing injury to the victim by forcing the victim, who is the motive of the U.S. B University, by drinking alcohol; (b) the nature of the instant crime is not good; and (c) the Defendant’s act of causing considerable mental suffering and pain to the victim.

However, the court below's punishment is too unreasonable because it is recognized that the defendant's mistake is divided and reflects the defendant's mistake, the defendant has no criminal records, the defendant does not want punishment by mutual consent with the victim, the defendant's age, character and conduct, environment, motive, means and result of the crime, conditions of sentencing specified in the arguments in this case, such as the defendant's age, character and conduct, environment, motive, means and consequence, circumstances after the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court's sentencing committee, etc.

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.

Punishment of the crime

The criminal facts recognized by this court are identical to the corresponding column of the judgment of the court below, except for the alteration of the second and sixth pages of the judgment of the court below to "Dun" as "Dun", and therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act

Summary of Evidence

The summary of the evidence of the facts constituting the crime recognized by this court is the same as that of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment, etc. of sexual assault crimes;