The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three 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 (a three-year imprisonment, a 80-hour order to complete a program) is too unreasonable.

2. The Defendant’s act of committing the instant crime, together with the victim, who is an employee of the main office that the Defendant had operated, would bring the victim to the house after drinking the alcohol.

In doing so, sexual intercourse with a victim under the influence of alcohol, and the nature of the crime and method of committing the crime are very poor, and the fact that the victim seems to have been suffering from sexual humiliation due to the crime of this case, and that the victim would have been suffering from sexual humiliation, etc. is disadvantageous to the defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case when the defendant was in the first instance, and reflects his mistake, that the defendant agreed with the victim only smoothly and that the victim does not want to be punished against the defendant, and that the defendant does not have any record of punishment exceeding the same crime or fine.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, it is recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【The reasoning of the judgment in the court below is that the facts constituting a crime and the summary of evidence recognized by the court below are identical to each corresponding column of the judgment below, except for partial changes in the reasoning of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.