The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

1. The summary of the grounds for appeal: The punishment imposed by the court below (two years and six months of imprisonment) is too heavy.

2. The crime of this case is a case in which the defendant had sexual intercourse with the victim who is unable to resist under the influence of alcohol, and the crime is deemed to be bad.

Due to the Defendant’s crime, the victim seems to have suffered considerable mental impulse and sense of shame.

These points are disadvantageous to the defendant.

However, when the defendant was in the trial, the defendant shows his attitude to make a confession and seriously reflect on the crime of this case.

The defendant agreed with the victim smoothly, and the victim expressed his/her wish not to be punished.

When the defendant drinks together with a victim and a club and conducts physical contact with each other, the defendant seems to have caused this case by contingency.

The Defendant is an initial offender who had no record of punishment prior to the instant case.

The defendant seems to have been 22 years of age or older, and the social ties are well formed.

These points are favorable to the defendant.

In addition, the court below's punishment against the defendant is too unreasonable in light of the following factors: the defendant's age, career, character and conduct, environment, motive and background of the crime, and circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column of the judgment of the court below, except for adding "the defendant's oral statement at the court below" to "1. The summary of evidence is as stated in the first copy." Thus, Article 369 of the Criminal Procedure Act is applicable.