The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have sexual intercourse with the victim who was under the influence of alcohol and has been under the influence of failing to resist due to the Defendant.

As a result, victims suffered a huge mental suffering.

However, when the defendant was in the past, he recognized all the crimes of this case, and divided his mistake, and the victim does not want the punishment of the defendant by mutual consent with the victim.

At the time of committing the instant crime, the Defendant was a senior student of 18 years of age at the time of committing the instant crime, and did not have any criminal power as a youth of 20 years of age, and seems to have committed the instant crime contingently under the influence of alcohol.

In addition, considering the age, character and conduct, environment, etc. of the defendant, all of the sentencing conditions shown in the argument of this case and the recommended sentencing range of the Supreme Court sentencing guidelines established by the Sentencing Committee, the sentence imposed by the court below against the defendant is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable.

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. Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) on criminal facts; Article 299 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances as seen in the preceding two paragraphs);

1. Article 62(1) and (2) of the Criminal Act of the suspended execution