The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was drunk and was in a state of mental disability.

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant was found to have committed the crime of this case while drinking, but in light of the background and method leading to the crime of this case, the statement and behavior of the defendant before and after the crime of this case, etc., it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime of this case. Thus, the defendant's assertion of mental and physical disability is without merit.

B. The instant crime on the assertion of unfair sentencing is an indecent act by compulsion of the victim’s residence at night by force, and the nature of the crime is not somewhat weak in light of the content of the crime, and thus, the victim appears to have caused considerable fear and sexual humiliation. As such, the Defendant need to be held liable for the corresponding liability.

However, the court below's punishment is too unreasonable in light of the circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., as well as various sentencing conditions in the records, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, the means and consequence of the crime, etc.

The defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

(b).