The punishment of the accused shall be determined by two years of imprisonment.

except that from the date of this judgment.

Judgment

The crime of this case is committed by transferring the victim from the main place to the drinking place at the victim's place and taking an additional drinking at the victim's house after drinking the victim's house, and the nature and circumstances of the crime are not good in light of the crime and the circumstances. The crime of this case is deemed to have undergone considerable mental pain with the sense of sexual humiliation. In light of the various circumstances unfavorable to the defendant, the defendant needs to be punished.

However, the fact that there is no record of criminal punishment for the defendant, not that of the crime in this case planned in advance, but that it appears that contingent impulses will be applied to the defendant, and that the defendant agreed smoothly with the victim through the compensation of considerable damage to the crime committed by the defendant in the appellate trial, and that the victim expressed his intention not to be punished against the defendant. In full view of the defendant's age, character and behavior, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc. and various other circumstances shown in the records and arguments, the punishment imposed by the court below is too unreasonable.

Defendant

The argument has a reason.

As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the Criminal Act for discretionary mitigation) (the favorable circumstances as seen in the judgment on the grounds for appeal).