The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for two years.

except that this judgment.

1. The main point of the grounds for appeal is that this is too unfasible to the lower court’s punishment (a two-year imprisonment, a three-year suspension of execution, and an order to attend a sexual assault treatment lecture for 40 hours) against the Defendant and the person who requested to observe the protective order (hereinafter “Defendant”).

The prosecutor explicitly states that the defendant should be sentenced to punishment on the grounds of appeal that the sentencing of the defendant case is unfair, but the prosecutor is dissatisfied with the whole judgment of the court below (see the petition of appeal), and requests that the defendant be sentenced to imprisonment with prison labor, unlike the court below which has suspended the execution of the sentence against the defendant. Thus, the prosecutor also appealed with the part of the request for the protection observation order, which was based on the presumption that

It is reasonable to view it.

2. Determination

A. As to the part of the case of the defendant, the defendant paid a reasonable amount of damages to the victim and expressed his/her intent not to punish the victim against the defendant.

There is no criminal record who has been punished for the same type of crime and has not been sentenced to more severe punishment than fine.

These circumstances are favorable to the defendant.

On the other hand, the crime of this case, when the defendant discovered a female victim who is in a mental and physical loss by drinking in the way of the defendant, leads the victim to his residence and has sexual intercourse with the victim by taking advantage of his mental and physical loss. The crime of this case is very bad in light of the purpose, content, method, risk, etc. of the crime.

The crime of this case seems to have caused considerable sexual humiliation and mental suffering.

There is a record that the defendant has been subject to a disposition not to prosecute for rape.

Such circumstances are disadvantageous to the defendant.

In addition to the above circumstances, the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, as well as the aforementioned circumstances, is followed after the crime.