The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment and imprisonment for two years and six months) by the court below is too unreasonable.

2. The Defendant, who did not have any particular relationship, has sexual intercourse with the victim by taking advantage of the victim’s state of inability to resist under the influence of alcohol, and that the victim received serious sexual humiliation and mental pain is disadvantageous to the Defendant.

However, the Defendant, in the first instance trial, led to the withdrawal of the facts charged in the instant case, which was denied by the lower court, and appears to be divided. Furthermore, in the trial, the Defendant paid compensation to the victim, and the victim did not want the punishment of the Defendant.

The fact that the defendant is the first offender who has no criminal record is also a favorable condition to the defendant.

In full view of the various sentencing conditions stipulated in Article 51 of the Criminal Act along with these circumstances, 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 is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence admitted by this court are the same as the corresponding column of the judgment below, and it is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the case where the "part of the defendant's statement" in 12, the second and 12 of the judgment of the court below is changed into "court statement of the defendant".

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. An order of disclosure;