1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3.Provided, That the period of five years from the date this judgment becomes final and conclusive shall be the same.

1. The gist of the grounds for appeal is that the lower court’s punishment (four years of imprisonment) is too excessive and unfair (the Defendant withdrawn his assertion that there was no intention to commit rape on the date of the first trial of the first instance court). 2. The instant crime in determining whether the Defendant committed an act of inflicting bodily injury on the victim in the course of rape of the victim who refused to engage in sexual intercourse at the her conference, and that the Defendant committed an act of injecting the victim’s sexual organ into the mouth of the victim, is not very good.

The defendant, as he did not have sexual intercourse as his own intention, concealed the victim's clothes.

As a result, the victim seems to have suffered a considerable mental impulse and a sense of sexual shame, and it was inevitable to make the victim feel a great sense of shame, such as by lending clothes from the Mourian.

Nevertheless, in the court below, the defendant denied the crime that he tried to make a sex relationship with the victim, and caused the victim to commit a similar act, such as entering the defendant's sexual organ, and eventually, the victim appeared in the court below and made the victim to make a statement in order to memory.

On the other hand, the defendant is guilty of committing a crime for the first time and commits a mistake against the defendant, and the victim is asked to pay 20 million won to the victim, and the victim expresses his/her intention that the victim does not want to be punished.

The defendant committed the crime in a dynamic manner after entering the victim's inner attitude, and there are circumstances to consider the motive and background of the crime, the basic criminal committed the crime in a limited range, and the degree of injury of the victim is not significant.

The defendant, as a youth of the 20th latter half, has not been subject to the punishment for a minor fine for traffic crimes, except for the punishment for a minor fine for a traffic crime, and the family members of the defendant, a woman of matrimonial engagement, etc. want the defendant's wife.

The character, character and environment of the defendant as well as these circumstances.