The guilty portion of the judgment of the first instance against the defendant shall be reversed.

A defendant shall be punished by imprisonment for three years.

except that this shall not apply.

1. The first instance court found the Defendant guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the facts charged against the Defendant and sentenced the Defendant to three years of imprisonment and dismissed the public prosecution against quasi-rape.

As to the judgment of the first instance, the defendant appealed against the conviction portion on the ground of unfair sentencing, and the prosecutor did not appeal.

Thus, since the public prosecutor's dismissal part of the judgment of the court of first instance in the judgment of first instance in this case is separated from the prosecutor's appeal, it is limited to the defendant's conviction part of the judgment of first instance.

2. The punishment sentenced by the first instance court to the summary of the grounds for appeal (three years of imprisonment, etc.) shall be too unreasonable;

3. The Defendant, in collaboration with Co-Defendant A and C of the first instance trial, has sexual intercourse with the victim who is in a state of impossibility to resist under the influence of alcohol, and the crime of this case has very poor quality, and the victim suffered from mental or physical pain due to the crime of this case, and the Defendant, on October 30, 2012, was sentenced to one year of suspension of execution on the grounds of special larceny, and was under suspension of execution, has been sentenced to one year of suspension of execution, and is still under suspension of execution, has a high possibility of

However, the defendant shows an attitude against the defendant as he recognizes the crime of this case, and there is no record of having committed a sexual crime so far as he is a university student who is 20 years of age on the side, which leads to the crime of this case by contingently during the soburing the victim under the influence of alcohol, and that the victim does not want the punishment of the defendant by agreement with the victim.

The above sentencing factors and the defendant's age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime.