The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. Summary of grounds for appeal;

A. The grounds for appeal by the defendant (e.g., imprisonment with prison labor for one year and six months) are too unreasonable.

B. The Prosecutor’s grounds for appeal (unfair form of punishment) are unreasonable, as it is excessively unfilled.

2. The instant crime is deemed to have committed an act of similarity against a victim using the victim’s state of difficulty in resisting the victim under the influence of alcohol, and the degree of such act is not easy.

The victim appears to have suffered a considerable mental impulse and pain due to the crime of this case, and continuously complained of serious mental suffering without being able to do so even after the crime.

These circumstances are disadvantageous to the defendant.

In the past, the Defendant recognized all of the crimes of this case, and is in profoundly against his mistake.

The defendant is the first offender who is 22 years of age or older and has no previous criminal record.

The defendant seems to have done the crime of this case by drinking together with the victim.

When the defendant is in a trial, the victim does not want the punishment of the defendant by mutual consent with the victim.

These circumstances are favorable to the defendant.

In light of these circumstances, the lower court’s punishment is somewhat inappropriate in light of the following circumstances: (a) the Defendant’s age, character and conduct, environment, motive, means, and consequence of a crime; and (b) the circumstances after the crime were committed.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.