The punishment sentenced by the court below against the defendant (two years of imprisonment, three years of suspended execution) is too unreasonable.

Judgment

The fact that there is no criminal record against the defendant, and the defendant was the one that divided the sexual relationship with the victim at the time of the crime of this case, the defendant approved the crime of this case and reflects the fact that the defendant does not want the punishment of the defendant by agreement with the victim, etc. are favorable to the defendant.

On the other hand, the crime of this case is an unfavorable circumstance to the defendant, where the defendant collected fingers from the part of the victim who is unable to resist due to alcohol, and such an act, etc. was taken by using his mobile phone, and the crime is heavy, and the defendant spreads the video taken as above to the victim who intends to hedging the defendant, and the victim seems to have suffered considerable mental apprehension and pain by threatening the victim.

In addition, the above circumstances and the defendant's age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., as shown in the argument of this case, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court Sentencing Commission (at least one year and eight months of imprisonment), and the general criteria for the crime of rape [the scope of recommended punishment]. The basic area (at least 13 years of age) of types 1 (general rape) and the basic area (at least one year and three months of age) of types 1 (general rape) (at least 13 years of age), the upper limit and lower limit of the sentence scope shall be mitigated to 2/3 (special mitigation/3 of age), and the concurrent relation between the crime of violation of the former part of Article 37 of the Criminal Act (at least the minimum limit of the above recommended punishment) and the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for which no sentencing guidelines has been set.

In full view of the criteria for suspension of execution and the court below's sentence against the defendant is unfair.