2. Determination

A. The crime of this case is a case in which the Defendant had sexual intercourse with the victim who had sexual intercoursed with another female-friendly job offers by asking the victim to the telecom under the influence of burging the victim into the telecom.

In the process, there was no violence or intimidation other than suppressing the victim by force.

At the time of committing the instant crime, the Defendant had no record of criminal punishment for university students of the 20th first half, and was relatively short from the victim, but was at once dead.

At the stage of investigation, the defendant argued that he had a sexual intercourse under the agreement with the victim and did not rape the victim, but in the process of trial, the facts charged are recognized and his errors are divided in depth.

The family members of the defendant are still complaining of the defendant's prior action with a relatively old difficulty and interest in the defendant's family.

B. However, the Defendant was committed the instant crime even though the victim explicitly expressed his intention of refusal by using the victim’s good faith, which was incurred in order to see the Defendant, by gathering the Defendant from the new wall.

In addition to the defendant, the victim who is older than the defendant was suffering from fear and humiliation experienced in the course of the crime of this case, and sought punishment corresponding to that of the defendant.

The mother of the victim, who was friendly, experienced pains by again attempting suicide while having experienced the crime of this case. The mother of the victim complained of severe punishment.

C. Considering the substance and consequence of these crimes, various circumstances favorable to the Defendant as seen earlier are considered.