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 a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) is that the sentence of the lower court (two years of imprisonment and 80 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. The instant crime is highly likely to be subject to criticism because the Defendant, under the influence of alcohol, committed similar rapes with the victim in a state of resistance.

Accordingly, the victim seems to have suffered a considerable mental suffering as well as sexual humiliation.

However, the defendant is the first offender who has led to a confession of all crimes, is in profoundly against himself, and has no record of crime.

In the trial of the party, the victim agreed with the compensation for the victim, and the victim expressed his/her intention not to want the punishment of the defendant.

In addition, when comprehensively taking account of the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, various sentencing conditions revealed in the proceedings in this case, and the range of recommended sentences for the enactment of the Supreme Court's sentencing guidelines (one year to two years) / general standards for sexual crimes / [Determination in the sphere of recommendation] types 1 (general rape) [Determination in the sphere of recommendation] mitigation area (special mitigation element: Nonwon of punishment] / imprisonment year to 1 year (the scope of recommended punishment is included in the category 1, but the upper limit and lower limit of the scope of punishment are reduced to 2/3) and 2 years (the scope of adult similar rape is included in the category 1, and the upper limit and lower limit of the scope of punishment shall be reduced to 2/3).

The defendant's argument of sentencing is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is 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. Article 62(1) of the Criminal Act (Article 62(1) of the suspended execution (Article 62(2) of the Criminal Act) is favorable to the