The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (an order to complete a sexual assault treatment program with two or forty-hours of imprisonment) is unreasonable as it is excessively unreasonable.

2. In light of the fact that the victimized person explicitly expressed his intention of refusal, the Defendant raped the victimized person by force, and that the victim seems to have received a considerable sexual humiliation and mental impulse, and that the victim's house leads to the peace of residence by committing the crime, it is necessary for the Defendant to bear strict liability corresponding to it.

However, the court below's punishment against the defendant is unfair because it is judged that the defendant's whole sentencing factors and similar cases mentioned in the arguments of this case, such as the defendant's age, career, sexual conduct, environment, motive and circumstance of the crime, circumstance after the crime, etc., are considered in consideration of the circumstances favorable to the defendant, and the equality of punishment is considered.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for a new judgment] The facts constituting an offense and summary of the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except for the addition of the "legal statement at the trial of the defendant at the trial of the defendant at the trial of the court of first instance" to the summary of the evidence, and thus, they are cited in accordance with Article 369

Application of Statutes

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 201).