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 became final and conclusive.

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

2. The Defendant: (a) committed the crime of rape in the instant case under the circumstances where he was divingd in an officetel, such as the military motive and the victim of female-friendly arrest; (b) the commission of the crime was not good in light of the background of the crime, the relationship with the victim, etc.; and (c) the victim seems to have suffered considerable sexual humiliation and mental pain.

On the other hand, however, the defendant is the first offender who has led to the two-time investigation by the police, led to the confession of the crime, and has no criminal record.

The defendant paid compensation to the victim when the defendant was in a trial, and the victim does not want the punishment of the defendant.

In full view of the various sentencing conditions stipulated in Article 51 of the Criminal Act along with these circumstances, the sentence of the lower court is deemed to be too unreasonable.

Defendant’s assertion is with 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.

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

Application of Statutes

1. Article 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances as stated in paragraph (2) of the same Article);

1. Article 62 (1) of the Criminal Act (wholly favorable circumstances as stated in the above paragraph (2));

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The crime of this case is committed under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.