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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, for a period of four years from the date this judgment becomes final and conclusive.
Reasons
Summary of Grounds for Appeal
The punishment sentenced by the court below (four years of imprisonment) is too unreasonable.
Judgment
In each of the crimes of this case, each of the crimes of this case was committed with the victim who is the motive of new students of the company, and when the victim cannot be classified into the body by drinking, the victim could not take the body by drinking, and the victim's body was sexual intercourse twice, and the victim's body, etc., which may cause a sense of sexual shame, was taken 10 times later, and the motive of new students of the other company showed the victim's body photographs to the effect that the victim had a sexual intercourse with the defendant by openly pointing out false facts, and thus, the crime was very serious. The crime was committed against the defendant. The victim appears to have suffered a considerable physical and mental pain due to each of the crimes of this case.
On the other hand, the fact that the defendant recognized all of the crimes of this case, and divided his mistake in depth, that the defendant drinks with the victim who had a sense of peace and drinking, and the victim seems to have reached the crime of quasi-rape contingently, and that the defendant does not want the punishment against the defendant in the trial, and that the defendant does not have any record of criminal punishment except for punishment imposed once by larceny, is favorable to the defendant.
In addition, the above circumstances and the defendant's age, character and conduct, the background and result of the instant crime, etc., all the sentencing conditions specified in the instant case, including the circumstances after the instant crime, and the recommended sentencing range (at least one year and six months of imprisonment) based on the sentencing guidelines established by the Supreme Court Sentencing Committee: Each of the crimes of quasi-rape [the scope of recommending punishment] shall be subject to the mitigation area of punishment (at least 13 years of age) (one year and six months and three years of age) (special mitigation) (the general criteria for the crime of rape).