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 a period of two 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 (the imprisonment of two years and forty hours and the order to complete a sexual assault treatment program) is too unreasonable.

2. The Defendant committed the instant crime by sexual intercourse with the victim, who initially frightened and frightened in one’s place of residence, and frighten in one’s place of residence, and frighten in one’s place of residence. The Defendant committed the instant crime by committing sexual intercourse with the victim in an unfrighted state of resistance on the ground of sleep. The Defendant’s liability is heavy.

Due to the defendant's crime, the victim seems to have suffered considerable sexual humiliation and mental shock and suffering.

Such circumstances are disadvantageous to the defendant.

However, there are circumstances favorable to the defendant that the defendant recognized the crime of this case in the first instance and divided his mistake in depth, that the defendant paid a mutual agreement to the victim and agreed smoothly with the victim so that the victim does not want the punishment of the defendant, and that the defendant did not have any record of criminal punishment for sexual crimes before the crime of this case is committed.

In full view of the above circumstances and other factors, such as the defendant's age, sexual conduct, environment, family relationship, means of crime, results, etc., various sentencing conditions as shown in the arguments in the instant case, and the scope of recommended sentences and the criteria for suspended execution according to the sentencing guidelines established by the Supreme Court sentencing committee, the sentence imposed by the court below against the defendant is too unfair.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with 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.

【Grounds for another judgment】 Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence, in the judgment below, "1. and part of the defendant"