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

1. The summary of the grounds for appeal argues that the defendant's punishment (a period of one year and half year and 80 hours of imprisonment) declared by the court below is too unreasonable, and that the prosecutor is too uneasible and unfair.

2. The crime of this case is an unfavorable circumstance to the defendant when the defendant reported that the victim who is more than 30 years of age is under the influence of alcohol in the middle of the night, was in the president of the nearby drinking house, and was in the house of the victim, and the victim was killed in the car, and sexual intercourse was committed with the victim who was in the state of failing to resist under the influence of alcohol, in light of the circumstances leading up to the crime, and the relation between the defendant and the victim. The victim was under the influence of mental impulse such as a considerable sense of sexual humiliation and a sense of self-harm.

On the other hand, there is no history of criminal punishment heavier than a sentence of a fine imposed three times due to injury, etc. after the suspension of the execution of imprisonment, and there is no previous charge of criminal punishment, and the fact that the defendant has to take care of her children significantly due to a traffic accident is favorable to the defendant.

As above, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, family relation, etc. are all the sentencing conditions shown in the argument of this case, such as the defendant's disadvantage or favorable circumstances, and others. The defendant has been in custody for about six months up to the day, living in prison and has reflective time, and the scope of recommendations (one year to six years from imprisonment) set out in the sentencing guidelines [the scope of recommendations] general criteria for rape (one year to three years from the age of 13) is mitigated (one year to six years).