The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The main point of the grounds for appeal is that the sentence (two years of imprisonment, etc.) imposed by the court below on the defendant is too unreasonable.

Judgment

The crime of this case is committed by similar rape of the victim, such as cutting off the clothes of the victim who was under the influence of the defendant, cutting off the clothes of the victim who was under the influence of the defendant, cutting down his chest and her fingers, booming him into a sound part, etc. In light of the circumstances and methods of the crime, the criminal liability is heavy, and the fact that the victim seems to have suffered significant mental shock and pain together with his considerable sense of sexual humiliation is disadvantageous to the defendant.

On the other hand, it is favorable to the defendant that the defendant has no history of sex offense or criminal punishment, that the defendant recognizes the crime of this case, reflects his mistake, and that the injured person does not want the punishment by agreement with the victim when it comes to the trial.

In full view of the above circumstances and the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the criteria for the recommended sentence scope and suspension of execution according to the sentencing guidelines set by the Supreme Court sentencing committee, the sentence imposed by the court below against the defendant is unreasonable.

Therefore, the defendant's argument is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the foregoing paragraph 2) of the Act on Reduction of Small Quantity is advantageous to the examination.