The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment became final and conclusive.

1. The gist of the grounds for appeal (a two-year imprisonment) by the lower court is too unreasonable.

2. Determination: ① the Defendant committed the instant crime against a victim who may know at all; ② the Defendant was working for the purpose of sexual intercourse with the victim; ② the Defendant’s overall crime of this case, including working for the purpose of sexual intercourse and going through the park, is not very good in terms of the form of and planning for the instant crime; ③ the Defendant appears to have suffered a large number of mental impulses due to the instant crime, and is disadvantageous to the Defendant.

However, in light of the favorable circumstances that are favorable to the defendant, such as ① the defendant paid a certain amount of agreement to the victim in the trial, ② the victim also wanted to repent of the defendant’s wife, ② the defendant’s wrong pen, ③ the defendant has no past record of criminal punishment, ④ there are circumstances that can be considered in terms of family relationship, ④ the defendant’s age, ⑤ the defendant’s age, and ② the defendant suffers from the mental retardation of the police, etc., the sentence of the court below seems to be unreasonable.

In addition to the above circumstances, when comprehensively considering the Defendant’s age, occupation, environment, family relation, motive, background, means and consequence of the crime, etc., various conditions of sentencing as indicated in the instant argument (including the sentencing data added in the trial), the scope of recommendations according to the sentencing guidelines of the Supreme Court Sentencing Committee, the scope of statutory penalty and the applicable sentences, etc., the Defendant’s assertion has merit.

3. Since the appeal by the defendant is well-grounded, 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.

【Reasons for the Judgment of the Supreme Court which was written in multiple times] Criminal facts and summary of evidence recognized by the original court is identical to the statement in the corresponding column of the judgment of the court below, and thus, they are quoted as it is in accordance with Article 369

Application of Statutes

1. Criminal facts;