The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date of the final judgment.

1. The summary of the grounds for appeal (e.g., a two-year imprisonment and a two-year period of less than two years and six-year imprisonment, and a 120-hour period of sexual assault treatment programs) of the Defendant is too unreasonable.

2. The judgment of this case is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant, while drinking together with the victim’s daily behaviors and playing together with the victim, was sexual intercourse with the victim by taking advantage of the victim’s state of refusal to resist; (b) the victim is a female juvenile who is merely 16 years of age; and (c) the victim appears to have suffered considerable mental impulse due to the instant case.

On the other hand, the fact that the defendant agreed with the victim after the sentence of the judgment of the court below, that the defendant is highly likely to edification as a juvenile of 18 years old, that the defendant seems to reflect his mistake, that his father and her mother are leading, and that social ties relation seems to be solid, such as the defendant's birth of the defendant, and that there is no criminal record in addition to the two-time suspension of indictment and the one-time juvenile protection disposition, etc., which are favorable to the defendant.

In addition, considering the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime, the sentence of the lower court against the Defendant is deemed unreasonable.

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, and the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement of each corresponding column of the judgment below, and thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the facts constituting an offense and the old child or juvenile who is selected as a penalty;