The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a short term of one year and six months, and a long term of two years.

80 hours per the defendant.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (short-term two years and six months, maximum three years, etc.) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant’s sexual intercourse was committed by force to a juvenile who refused to engage in the sexual intercourse. In light of the background and content of the crime, etc., the liability for the crime was serious; the victim and his family members seem to have suffered emotional distress; and the victim and their family members were unable to receive a written indictment from the victim.

On the other hand, the fact of the crime was recognized in the first instance and the submission of repeated rebuttals is against the truth, and the degree of tangible force used by the defendant in the course of the crime of this case is not much important, at the time of the crime of this case, the defendant was formed as a juvenile under the age of 17, and was in the process of forming personality as a juvenile under the age of 17, and the defendant was deemed to have committed the crime of this case in the state of lacking the ability to change, and the defendant is currently a high school student under the age of 18, and his family is leading the defendant.

The sentencing criteria do not apply to all juvenile under the aforementioned circumstances and the Defendant’s character, conduct and environment, motive and background leading to the instant crime, the means and method of committing the instant crime, and the circumstances after committing the instant crime.

In full view of the above, it is judged that the sentence imposed by the court below against the defendant is too unreasonable.

Therefore, the defendant's argument is justified.

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 justified, and the judgment is rendered again after pleading (the defendant and his defense counsel wishing to protect the juvenile by sending the juvenile protective disposition to the juvenile department rather than punishment against the defendant.

However, in full view of the above-mentioned normal relations, the future.