The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. As in the instant case, in a case where misunderstanding of facts and misunderstanding of legal principles (as to quasi-rape in a room), the victim was invaded by the victim's room, and the victim was frighten and rape was committed after moving the victim's room to the male accommodation where the defendant was silent, the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (as in the case of quasi-rape in a room) is established.

B. The lower court’s sentence of unreasonable sentencing (the suspension of the execution of three years, 80 hours’ social service, and 80 hours’ sexual assault treatment lectures) is too uneasible and unreasonable.

2. Summary of the facts charged regarding the crime of quasi-rape in the room room and the judgment of the court below

A. The summary of the facts charged: (a) around 04:00 on September 15, 2014, the Defendant drinked the victim D and alcohol in the “E” hole located in Jeju City; (b) transferred the victim under the influence of alcohol to the inside room located in the said hole; (c) returned the victim to the male lodging located in a place less than 10 meters away from the hole to the right right; (d) went back to the inside room in the mind of having to rape the victim; and (e) went back to the inside room in the mind of having to commit rape; and (e) went to the inside room; and (e) went into the part of the victim; and (e) made the victim’s sexual organ inserted about 2-3 times in the part of the victim, thereby committing rape.

B. The lower court found the Defendant guilty on the ground that the crime of intrusion such as residence and the crime of quasi-rape should be closely related to time and place, but it is insufficient to recognize that the Defendant had sexual intercourse by taking advantage of the victim’s non-fluence condition in the room, etc. possessed by the victim, and that there is no other evidence to find otherwise, the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes was acquitted. However, the lower court found the Defendant guilty on the ground that the crime of aggression and the crime of quasi-rape

3. Special Cases Concerning the Punishment, etc. of Sexual Crimes in the Judgment of the Party.