The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for five years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., three years of imprisonment) is too unreasonable.

2. Determination: ① The crime of this case is a situation unfavorable to the Defendant, such as: (a) the Defendant, who first committed rape and taken the body of the victim under the influence of alcohol on the day of the crime; and (b) the method of the crime is variable so that the victim made the victim feel an irrecoverable sexual humiliation.

On the other hand, the following are the circumstances that are favorable to the defendant: (i) there is no criminal record for the defendant, and there is no particular criminal history other than a fine imposed due to the violation of the Road Traffic Act; (ii) the defendant appears to have committed the crime of this case by drinking and contingently; (iii) the defendant's social ties are publicly announced to have a high risk of re-offending; and (iv) the defendant was aware of all the criminal facts in the first instance, and the victim was not punished by agreement with the victim.

Other conditions of various sentencing, such as Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and consequence of the instant crime, etc. (in particular, as seen earlier, considering the changes in circumstances, such as the fact that the Defendant was aware of the facts charged when the Defendant was in a trial, and the victim was not punished by the agreement with the victim) and the scope of recommended sentencing guidelines of the Sentencing Commission by the Supreme Court and the scope of recommended sentencing guidelines of the Sentencing Commission.

1. The scope of applicable sentences: Imprisonment for not less than three years nor more than thirty-five years;

2. The sentencing guidelines for the crime of rape [the sentencing guidelines] [the determination of types of punishment], general criteria, and general rape [the specially adopted person] among the crimes of rape (the subject of at least 13 years of age): The factors to increase or mitigate the sense of sexual shame in the dynamic and dynamical acts, or the extreme degree of sexual humiliation: The victim not punished [the scope of the recommended punishment] from 6 months to 5 years (the scope of the corrected recommended punishment] shall be punished by imprisonment with prison labor for 2 years and 2 years and 6 months (the scope