The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two years and six months) of the lower court’s sentence is too unreasonable;

2. The crime of this case is deemed to have sexual intercourse with the victim who could not properly divide his body under the influence of alcohol, and the crime is not good, and the victim seems to have suffered considerable mental suffering due to the instant case.

On the other hand, however, the defendant is erroneous, and the defendant is divided, and the victim paid a reasonable amount of compensation to the victim in the trial, and the victim does not want the punishment of the defendant.

There is no criminal conviction or fine exceeding the same criminal record or fine for the defendant.

In full view of these circumstances and various sentencing conditions stipulated in Article 51 of the Criminal Act, the sentence of the lower court is deemed to be too unreasonable.

Defendant’s assertion is with merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and 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 ( considered as favorable circumstances as stated in paragraph (2) of the same Article);

1. Article 62 (1) of the Criminal Act (wholly favorable circumstances as stated in the above paragraph (2));

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 the disclosure and notification order, 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 shall have the record of criminal punishment for sexual crimes before committing the instant crime.