The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the sentence of imprisonment with prison labor for a maximum of four years, a short of two years, and a short of 40 hours) is too unreasonable.

Judgment

The Defendant committed the instant crime by having sexual intercourse with a victim (the age of 16) who was under the influence of alcohol in singing at the time, and committed the instant crime. In light of the circumstance and method of the Defendant’s sexual intercourse with the victim at the time, the relationship between the Defendant and the victim, the age of the victim, etc., it is not very good to commit the instant crime.

The victim seems to have suffered heavy mental pain with the Defendant's criminal act, and this case was known to the surrounding area and moved to the school where the victim was living, and the victim was suffering from the difficulty in school life.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant led to the confession of the crime of this case and reflects his mistake.

Defendant

In addition, at the time of the instant case, the juvenile was 16 years of age, and is currently 17 years of age, and there is no record of the instant crime before the instant crime was committed.

The family members of the defendant paid a reasonable amount of agreement when they are in the trial, and have reached an agreement with the legal representative of the victim and the victim, and the victim does not want the punishment of the defendant.

These circumstances are favorable to the defendant.

In full view of all the sentencing conditions as shown in the arguments in this case, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence, the sentence imposed by the lower court against the Defendant is too unreasonable.

Defendant’s assertion is with merit.

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