The judgment of the court below is reversed.

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

except that this judgment.

It is unfair that the punishment for the accused (three years of imprisonment) against the summary of the grounds for appeal is too unreasonable.

Judgment

In light of various circumstances unfavorable to the Defendant, such as the fact that the crime of this case was committed by rape in the aftermath of the breath school, and that the victim was imprisoned in the state of being imprisoned again due to the lapse of several hours, and that the nature and circumstances of the crime were not somewhat weak in light of the substance of the crime, and that the victim was deemed to have suffered considerable mental pain with sexual humiliation, as a result of the crime of this case, it is necessary to punish the Defendant with severe punishment.

However, in light of the fact that the defendant has no record of criminal punishment, the type of the victim's exercise is not a relatively serious degree, and that the victim agreed with the victim by compensating the victim for damages to a considerable degree of degree, which has been advanced in the trial, and that the victim expressed his/her intent not to be punished against the defendant, that the defendant who is a relatively young age has completed his/her study and is expected to be a sound social person, and other circumstances shown in the records and arguments, such as the defendant's age, character and behavior, environment, relationship with the victim, motive, means and consequence of the crime, etc., it is recognized that the punishment imposed by the court below is unfair because it is too unreasonable.

Defendant’s assertion is justified.

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