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 three years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (defendants) is too unreasonable that the punishment of the lower court (one year and six months of imprisonment, and 40 hours of completion of sexual assault treatment programs) is too unreasonable;

2. The crime of this case is a situation unfavorable to the defendant, where the defendant has sexual intercourse by taking advantage of the victim’s state of difficulty to resist, and the case was serious, the victim appears to have suffered considerable mental suffering due to the crime of this case, and the fact that the defendant was unable to agree with the victim.

However, in full view of the following factors: (a) the Defendant committed the instant crime while committing the instant crime in depth; (b) the Defendant appears to have committed the instant crime by gathering the victim under the influence of alcohol; (c) the Defendant deposited KRW 7 million for the victim at the time of the instant trial; (d) the Defendant has no criminal history; (c) the Defendant has sufficient possibility of edification and improvement as university students; (d) the Defendant’s age, character and conduct and environment; (e) motive, means and consequence of the instant crime; and (e) other factors of sentencing specified in the instant pleadings, such as the circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in this paragraph 2 above);

1. Article 62 (1) of the Criminal Act on the suspended execution (Reasons for discretionary mitigation);

1. Special cases concerning the punishment, etc. of sexual assault crimes;