The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that from the date of this judgment.

1. The lower court acquitted the Defendant on the charge of similar rape and indecent act by compulsion among the facts charged in the instant case.

On this basis, only the Defendant appealed on the conviction of the lower judgment on the ground of unreasonable sentencing.

Therefore, the non-guilty portion of the judgment of the court below was separated and finalized as it is by the prosecutor.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The sentence imposed by the lower court (two years of imprisonment, etc.) on the gist of the grounds of appeal is too unreasonable.

3. The crime of this case is a case where the defendant committed similar rapes with older victims, and the nature of the crime is not weak, and the victim seems to have suffered considerable mental pain due to the crime of this case.

However, in light of the Defendant’s age, character and conduct, motive, means and consequence of the crime, etc., the sentence of the lower court is too unreasonable, considering the following factors: (a) the Defendant has led to a confession of the crime and is in depth; (b) the victim expressed his intention not to be punished in the trial; and (c) the Defendant’s age, character and conduct, character and environment; (d) motive, means and consequence of the crime; and (e) the conditions of sentencing

4. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

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

Application of Statutes

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. The main sentence of Article 62 (1) of the Criminal Act (the consideration of favorable circumstances of the defendant in the front);

1. The punishment of sexual assault crimes committed to attend lectures;