The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment became final and conclusive.

1. The gist of the grounds for appeal (e.g., imprisonment and two years and six months) of the lower court’s sentence is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

2. The judgment of this case is that the defendant has sexual intercourse with a spouse who is under the influence of alcohol at his own house, and the criminal quality is bad in light of the relationship between the defendant and the victim, the circumstances of the crime, etc., and the victim seems to have suffered considerable sexual humiliation and mental suffering due to the crime of this case.

On the other hand, however, the defendant is recognized as committing a crime in the first instance, and is divided, and in the trial, the victim paid compensation to the victim and the victim did not want the punishment for the defendant.

The defendant is also an elementary offender who has no record of criminal punishment.

In full view of these circumstances and the various sentencing conditions stipulated in Article 51 of the Criminal Act, the sentence of the lower court is deemed to be too unreasonable.

Defendant’s assertion is with merit and prosecutor’s assertion is without merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence admitted by this court are as follows, except for the change of “part of the defendant’s court statement” in the summary of evidence written in the judgment below to “court statement in the defendant’s trial.” Since it is identical to each corresponding column of the judgment below, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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 ( considered as favorable circumstances as stated in paragraph (2) of the same Article);

1. Article 62 (1) of the Criminal Act (wholly favorable circumstances as stated in the above paragraph (2));

1. The punishment, etc. of sexual assault crimes;