The judgment of the court below is reversed.

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

except that, for three years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (three years of imprisonment, etc.) is too unreasonable;

2. The crime of this case is deemed to have sexual intercourse with the victim under the influence of alcohol by taking advantage of the state of mental disorder or impossibility to resist, and the nature of the crime is not good, and the victim seems to have suffered a lot of mental suffering due to the crime of this case.

However, the court below's punishment is too unreasonable in light of the fact that the defendant has led to a crime in the course of the trial, that the victim is receiving compensation from the defendant in the trial, that the defendant is not subject to punishment, that there is no record of the same crime, and that there is no other record of the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, circumstances after the crime, etc. in the arguments of this case.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court and the summary of evidence are as stated in the corresponding column of the judgment of the court below, except where "the defendant's oral statement" is added to the summary of evidence in the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the

Application of Statutes

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration favorable circumstances as seen earlier);

1. The main sentence of Article 62 (1) of the Criminal Act (the former part of the most favorable circumstances);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and the protection of children and juveniles against sexual abuse.