The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

(3) years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal: Improper sentencing;

A. The punishment sentenced by the lower court (two years of imprisonment, etc.) is too unreasonable (the Defendant asserted on the ground of mistake of facts and misunderstanding of legal principles in the grounds of appeal on the grounds of appeal, but all of them were withdrawn on the first trial date in the first trial). The punishment sentenced by the lower court is too unreasonable.

2. Determination

A. The Defendant: (a) had been introduced from a community line B, and had the victim drink with the victim, who was aware of, and had the victim drinked; (b) had the victim, who was the victim, taken the victim’s home to the telecom; and (c) had sexual intercourse with the victim, who was in a state of resistance impossible by drinking the victim.

Since then, the victim and the marriage B became aware of the criminal facts of the defendant, and the victim became aware of the criminal facts of the defendant through B.

Accordingly, the victim suffered a considerable mental suffering and seems to have suffered a lot of difficulties in marriage life.

B. On the other hand, the Defendant recognized and opposed to his criminal act in the first instance.

The defendant provided 33 million won to the victim in the trial of the party, and sought a letter of suspicion, and the victim expressed his intention that he does not want the punishment of the defendant.

Defendant has no career of being punished for a crime.

(c)

Based on the above circumstances, the legal punishment of the defendant for the crime of this case and the sentencing guidelines for the enactment of the sentencing committee of the Supreme Court are examined as follows.

1) Scope of applicable sentences under the Act: The scope of recommended sentences according to the sentencing guidelines [the types of decisions] according to the scope of punishment [the general standards for sex offenses] according to the sentencing guidelines from one year and six months to fifteen years (the reduction of amount);

(a) [Type 1] General rape [a person subject to special sentencing] [a person subject to suspended sentence]: A person not subject to punishment [a person subject to a mitigated sentence]; a person subject to mitigated sentence [a person subject to recommendation and recommendation]; a person subject to suspended sentence] from one year and six months to three years [a person subject to general sentencing] [a person subject to suspended sentence]; a person subject to suspended sentence: There is no criminal conviction for the same kind of punishment and no person subject to suspended sentence of imprisonment:

D. As such, in the trial.