The judgment of the court below is reversed.

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.

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (two years of imprisonment, etc.) is too unreasonable;

2. The instant crime committed by the Defendant, along with the college post-university, was committed by sexual intercourse with the victim, who first was under the influence of alcohol, and the crime is not good.

The victim seems to have suffered a lot of mental suffering due to the crime of this case for a long time.

However, considering the defendant's confession of the crime of this case and his depth, the victim expressed his intention not to punish the defendant in the trial, there is no record of criminal punishment against the defendant, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the court below's punishment is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

[ multi-use reasons] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as the corresponding column of the judgment of the court below. Thus, they are cited 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration favorable circumstances as seen earlier);

1. The main sentence of Article 62 (1) of the Criminal Act (the former part of the most favorable circumstances);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse has no record of criminal punishment before committing the instant crime.