The judgment of the court below is reversed.

The sentencing of a criminal defendant shall be suspended.

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. The judgment of the Defendant committed an indecent act on the part of the victim, including the victim, at the accommodation where the Defendant went to the training of members of the same university's religious order members (Mship member). After drinking the victim, the victim committed an indecent act on the part of the victim.

Considering the fact that the victim appears to have suffered a lot of mental impulses due to the instant crime, the quality of the instant crime and the criminality are not provided for therein.

However, the defendant is the first offender who has not committed any criminal history, and is against his depth by recognizing his mistake from an investigative agency to this court.

The degree of force used by the victim was not serious, and it seems that the defendant's breath in the same room as the victim was under the influence of alcohol, which led to the crime of this case.

The defendant paid consolation money to the victim for the first time, and received a letter from the victim by mutual consent.

The defendant is a university student of 24 years of age who has not yet started a long-term social life, and it seems that he had shown an exemplary academic colonization before committing the crime in this case.

In the future, there is sufficient possibility that his character and conduct can be improved through appropriate edification.

It shows that social ties are well maintained with neighboring people such as family members who can support this.

In full view of such circumstances as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the records and arguments, the sentence of the court below is deemed unfair.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Re-use.】