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.

Summary of Grounds for Appeal

The punishment of the lower court (one year and six months of imprisonment, etc.) is too unreasonable.

Judgment

The crime of this case was inserted in the victim's sexual intercourse on the ground that the defendant had sexual intercourse with another male.

In the end, rape of the victim by inserting a smell, inserting a smell, and inserting a sexual organ, and eventually, the nature of the crime is not good.

The victim seems to have suffered considerable mental suffering due to the crime of this case.

These circumstances are disadvantageous to the defendant.

On the other hand, however, the defendant paid 25 million won as agreed amount to the victim and agreed with the victim. The victim wanted to take the action against the defendant.

In addition, the defendant recognized the crime of this case against his wrongness when it comes to the trial.

There is no history of sex offense against the accused.

It seems that the social relationship of the defendant seems to be publicly announced.

In addition to these various circumstances, considering the Defendant’s age, character and conduct, career, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court is deemed unreasonable even if considering the circumstances unfavorable to the Defendant as seen earlier.

Therefore, the defendant's above assertion is justified.

In conclusion, the appeal by the defendant is reasonable, and it is so decided as per Disposition by the assent of all participating Justices, after the pleading under Article 364 (6) of the Criminal Procedure Act.

[Reasons for the Judgment] The facts constituting a crime and the summary of evidence recognized by this Court are as stated in the corresponding column among the judgment below, and the summary of evidence concerning the above facts constituting a crime is stated in the remaining parts except for the corresponding column of the judgment of the court below (as shown in 2 pages 9 through 3 below).