The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall have been imposed for three years from the date this judgment became final.

Summary of Grounds for Appeal

The punishment of the court below (two years of imprisonment) is too unreasonable.

Judgment

The scope of recommendations according to the sentencing guidelines [decision of a type] The general criteria for sexual crimes shall be within the range of recommendations [the range of recommendations] of the first type (the subject of the age of 13) of the rape (the scope of recommendations] and there is no person who is a special offender] [the scope of recommendations]. The basic area of imprisonment one year and eight months to three years (the sexual rape shall be included in the first type, but the maximum and minimum range of sentences shall be mitigated to 2/3 respectively] - The crime of this case is positive (the crime of this case is not previous, there is no criminal conviction above the suspension of execution, contingent crime, serious reflects). The crime of this case is a very poor crime that the defendant discovered the victim's chest from the streets distance to the park sperm or contains a similar rape for about 40 minutes, and the victim has suffered significant physical and mental shock and has not recovered from damage caused by the crime of this case.

However, in full view of all the sentencing conditions shown in the pleadings of the instant case including the Defendant’s age, the circumstances before and after the crime, and the means and methods of the crime, and the scope of recommended sentencing guidelines for sexual crimes committed in the lower court, the lower court’s punishment is somewhat unreasonable.

As 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 it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. Article 62 of the Criminal Act: