The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

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

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendant (four years of imprisonment) is too unreasonable.

Judgment

The crime of this case is an unfavorable circumstance to the defendant, such as the following facts: (a) the victim, who had a rare body at night, was towed by behind the building behind the gas station, was engaged in similar rape by putting his sexual organ into the mouth of the victim; and (b) the body of the victim was taken against his will; and (c) the victim seems to have suffered considerable mental pain and sexual humiliation due to the crime of this case.

Meanwhile, at the time of the instant crime, the Defendant appears to have committed the instant crime under the b0-year age in which the sexual identity or values have not yet been established, and the Defendant, as the primary offender, recognized the instant crime as a principal offender, and divided his mistake in depth. In the first instance, the Defendant did not want punishment against the Defendant by mutual consent with the victim, and the Defendant’s family members are leading the Defendant.

In addition, the above circumstances and the defendant's age, character and conduct, environment, the background and result of the crime of this case, all of the sentencing conditions in this case, including the circumstances after the crime, and the sentencing guidelines established by the Supreme Court Sentencing Commission / [the scope of recommending punishment / [the range of punishment / [the range of punishment /] the mitigated range (1 to 2 years) of types 1 (general rape) and mitigation range (1 to 13 years): He/she is not subject to punishment [special mitigation] of adult quasi-Rape [the criteria for multiple crimes] which set the sentencing guidelines and the crime of violation of the former part of Article 37 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which no sentencing guidelines are set. Thus, the lower limit is the sentencing range in the sentencing guidelines for similar rape crimes for which the sentencing guidelines are set.