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 a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an order to complete a sexual assault treatment program with 2 years and 6 months or 40 hours of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have sexual intercourse with a victim, who had no awareness of drinking, by having the victim, who breathly drinked with the victim, who was the victim at the university of the East Asia, with the victim, and who was aware of drinking. In light of the course, content, and method of the crime, the crime is deemed to be bad.

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

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant is against the recognition of the crime of this case, which is late later (the defendant denies the crime, but leads to the confession of the crime after the victim's legal statement was made in the court below), and the victim expressed his intention that he does not want the punishment of the defendant.

There is no criminal history against the defendant.

These circumstances are favorable to the defendant.

In full view of the following circumstances, including the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the criteria for the recommended sentence range and suspension of execution according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the lower court’s punishment is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are the same as the stated in each corresponding column of the judgment below, thereby citing them pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Reduction of a small amount;