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

Judgment

The primary crime is the defendant, and the defendant seems to have committed the crime of this case somewhat contingent under the influence of alcohol, and the defendant recognized the crime of this case and reflects it in the trial, etc. are favorable to the defendant.

On the other hand, the crime of this case was committed by the defendant against the victim's will and committed sexual intercourse with the victim who had been unable to resist after having invadedd against the victim's will, and in light of the content of the crime, the liability for the crime is very heavy, and the victim was deemed to have been given a considerable sense of sexual humiliation and mental impulse. Nevertheless, the fact that the victim did not have been used by the victim is disadvantageous

In full view of the above circumstances and other factors, the Defendant’s age, character and conduct, environment, and the scope of the recommended sentencing guidelines (five to eight years of imprisonment) established by the Supreme Court’s Sentencing Committee (the scope of recommending punishment / [the scope of recommending punishment] general standards of rape (Rape / Special Rape, such as Rape by Relatives relation) and the basic area (five to eight years of age), etc. (five to eight years of age) of the basic area of rape (including rape/special rape, etc. by relative relation relation), etc., the lower court does not determine that the sentence imposed beyond the lower limit of the above recommended sentencing scope is too unreasonable.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.