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. Determination

A. The following circumstances are the circumstances unfavorable to the Defendant:

1) The crime of this case is not good, and the victim's statement or mental impulse is deemed not to have been made. In other words, the defendant requested sexual intercourse several times at the drinking house on the day of the crime of this case to the victim, and the victim expressed his intent of refusal several times, but committed the crime of this case. According to the victim's statement, the defendant stated his name, age, occupation, etc., and did not inform the victim of his phone number, and the victim did not inform the victim of the crime of this case. After committing the crime of this case in singing, the victim got out of singing (the defendant's statement or testimony of the witness H of the court below, which corresponds to the victim's statement or its statement, is not believed in light of the rationality, consistency, consistency, consistent with other evidence, or the motive of the statement.

In light of the above, the Defendant, from the beginning, accessed the victim with the intention of using only one sexual intercourse, rather than approaching the victim, and the victim refused to engage in the instant crime. In light of the details and contents of the instant crime, it can be deemed that the Defendant’s quality of the crime is not good, and that the victim suffered sexual humiliation or mental shock was not significant. 2) In the process of the investigation into the instant crime or the trial at the court of the lower court, the Defendant’s attitude in the process of the instant crime is far away from the reflect on the instant crime, and there was no room to regard the victim as the occurrence of secondary damage.

(1)