The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The summary of the judgment of the court below is as follows: (a) the Defendant, together with the motive of university, the victim who was sexually friendly with the victim (at least 32 years of age), took a drinking again and found in the victim’s house; and (b) raped the victim, who was mentally ill or incapable of resisting

(Quasi-rape was prosecuted as the facts charged, and the lower court found the Defendant guilty of the facts charged and sentenced the Defendant to imprisonment for three years, to order sexual assault treatment programs for forty hours, and to order employment restriction for three years.

B. The summary of the grounds for appeal (the defendant) is too unreasonable that the above imprisonment (the three-year imprisonment, etc.) imposed by the court below is too unreasonable.

2. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)

Judgment

1. The crime of this case committed at a disadvantage of a female victim is deemed to have sexual intercourse with a female victim under the influence of alcohol by entering the room in which he/she is married, and the criminal liability is heavy in light of the circumstances, method, etc. of the crime.

The victim has sexual intercourse with the defendant who had been in a long term of time and has been sexually sexually.