The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

1. The summary of the grounds for appeal (e.g., imprisonment for a term of three years, and orders to complete sexual assault treatment programs) of the lower court is too unreasonable.

2. The crime of this case is highly likely to be subject to criticism because the Defendant, under the influence of alcohol, committed similar rapes against the victim who is unable to resist.

Accordingly, the victim seems to have suffered a considerable mental suffering as well as sexual humiliation.

However, the defendant is making a confession of all crimes and is in violation of depth when he comes to the trial.

There is no record that the defendant was punished for the same crime, and there is no record that he was sentenced to a suspended sentence or heavier punishment.

In the trial of the party, the victim agreed with the compensation for the victim, and the victim expressed his/her intention not to want the punishment of the defendant.

In addition, considering the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various conditions of sentencing revealed in the proceedings in this case, and the range of recommended sentences (one to two years of imprisonment) for the establishment of the Sentencing Committee (the decision of types of imprisonment) by the Supreme Court, the general criteria for sexual crimes are the types 1 (decision of the recommended area), 1 (Determination of the recommended area), mitigated area (special mitigation factors): 1 year to 2 years (the scope of recommended punishment is included in the types 1, but the upper limit and lower limit of the range of sentence shall be mitigated to 2/3).

The defendant's assertion of unfair sentencing is justified.

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.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The corresponding provisions of the Criminal Act concerning criminal facts; and