The judgment of the court below is reversed.

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

However, for three years from the date of the final judgment.

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the crime, and was in a state of mental disability.

B. In light of the fact that the Defendant’s assertion of unreasonable sentencing is divided into his mistake, the Defendant’s power, etc., the lower court’s punishment (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record, it is not deemed that the defendant was under the influence of alcohol at the time of the crime, but the defendant lacks the ability to discern things or make decisions in light of the circumstances of the crime, the method and content of the crime, the behavior and attitude of the defendant before and after the crime, etc.

Therefore, this part of the defendant's argument is without merit.

B. In full view of the circumstances that are favorable to the defendant, such as the fact that the defendant's argument of unfair sentencing is divided into his mistake, that the defendant deposited KRW 20 million for the victim in the trial, that the defendant has no record of criminal punishment, that the defendant committed the crime of this case by drinking and contingently, that the defendant retired from the school in this case, and that the defendant retired from the school in this case, etc., the circumstances favorable to the defendant, such as the defendant's sexual intercourse by entering the victim's house and sexual intercourse in order to solve his own sexual desire, etc., the defendant's age, character and behavior, environment, family relationship, method and consequence of the crime, the conditions of various sentencing specified in the argument in this case, as well as the recommendation of the sentencing guidelines set forth in the sentencing guidelines set forth in the Criminal Procedure Committee, etc., such as the defendant's age, character and behavior, family relationship, method and result of the crime, etc., and the victim's wish to punish the defendant.

Therefore, the defendant's assertion of unfair sentencing is justified.

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