The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for three years.

except that this judgment.

1. Summary of grounds for appeal;

A. Part 1 of the case by the Defendant and the respondent for the attachment order (hereinafter “Defendant”) of the lower court, which sentenced the Defendant and the respondent for the attachment order (hereinafter “Defendant”), to the punishment of the lower court (three years of imprisonment and eight hours of completion of sexual assault treatment programs), is too unreasonable.

2) The sentence imposed by the lower court on the Defendant is too unhued and unreasonable.

B. It is unreasonable for the court below to dismiss the request for the attachment order of this case even though the defendant could have committed the crime of this case because the part of the case where the attachment order was requested is not subject to sexual desire control.

2. Determination

A. The Defendant in the part of the instant case was acknowledged that the first day of the instant case, when the victim was under the influence of alcohol, sexual intercourse with the victimized person who was 18 years of age or older at the time of the locking, was very poor in the nature of the crime, and the victim appears to have suffered a considerable mental impulse. Nevertheless, the Defendant asserted inconsistent with the Defendant’s assertion that the Defendant denied the Defendant’s solicitation of the Defendant’s deception.

However, considering the fact that the defendant committed the instant crime in a somewhat contingent and contingent manner, and the degree of the tangible force used by the victim at the time of committing the instant crime is not very heavy, the defendant has no past criminal history, and in particular, the defendant is recognized and reflects the instant crime, and the victim does not want the punishment against the defendant by mutual consent with the victim, as well as other various circumstances, including the defendant's age, sex, sex, environment, occupation, social relationship, circumstances leading to the instant crime, and circumstances after committing the instant crime, etc., the court below's punishment is too too unreasonable, and thus, the defendant's improper argument in sentencing is justified, and the prosecutor's improper argument in sentencing is without merit.

B. The lower court on the part of the claim for attachment order.