The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall have been imposed for three years from the date this judgment became final.

1. The summary of the grounds for appeal (the defendant) is too unreasonable that the punishment of the court below (the three years of imprisonment and the completion of sexual assault treatment programs) is too large.

2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant, while under the influence of alcohol, had sexual intercourse with a victim who was unable to resist due to breath in his own side, and the crime is highly serious in light of the background of the crime, the relationship with the victim, the circumstances after the crime, etc., and the victim suffered considerable mental pain due to the crime of this case.

However, when the defendant was tried to commit the crime of this case for the first time, his mistake is divided in depth, when the defendant was able to do so, it seems that the victim was locked while the defendant was able to do so, and that the victim was able to refrain from committing the crime of this case without any shocking impulse, and the defendant was able to agree with the victim for the first time in the trial, that there is no history of punishment for the same crime, that there is a possibility of edification and improvement as the first time in the society where the defendant was employed so as to prevent employment, and that there is a possibility of other correction as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the sentencing guidelines of the Supreme Court Sentencing [decision of type] general standard for the suspension of execution (subject to suspension of execution of sentence of imprisonment of 13 years or older): Whether the defendant was able to take account of whether the defendant was able to mitigate the punishment of this case for more than 3 years - general sentencing range of the positive positive factors for mitigation of punishment [specific punishment for more than - general sentencing range of punishment.