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.

Summary of Reasons for appeal

A. Defendant: The sentence of the lower court against the Defendant (two years of imprisonment, etc.) is too unreasonable.

B. Prosecutor: The lower court’s sentence against the Defendant is too uncomfortable.

Judgment

The crime of this case was committed by the defendant, along with female students (a high school student who was involved in college students) who met at the mother school festival, by moving the place to the post-age of the defendant and the victim only, and committing similar rape to other victims, and the crime was committed.

The crime seems to have caused severe sexual humiliation or mental suffering.

The defendant has access to the intent of the victim to receive the agreement;

Before the statement, the victim was denied the crime, and the victim was made twice or more in the court below, followed the police and the prosecution, and due to this, the victim and his family were more and more suffering from mental distress.

Such circumstances are disadvantageous to the defendant.

On the other hand, after the sentence of the lower judgment, the Defendant recognized and reflected the crime of late late, and received the emotional distress between the victim and his family members in money.

The father of the victim also prepared a written application to seek the wife to prevent the defendant from leading his/her entire life by his/her fault once.

There is no history of crime except twice the indictment suspension records of different kinds for the accused.

These circumstances are favorable to the defendant.

In full view of the above circumstances and the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the arguments in this case, and the scope of recommended sentences and the criteria for suspended execution based on the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence against the defendant is too unfair.

Therefore, the defendant-appellant.