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 three years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal (e.g., both types of punishment) is so unreasonable that the sentencing of the lower court is too inappropriate.

2. In light of the fact that the victim, who caused entertainment in the sidewalk operated by the Defendant, was under the influence of alcohol and was raped by the victim’s resistance, the nature of the crime is not good, and even if the crime was not committed for the same kind of crime, there is a criminal history that has been sentenced to the punishment, etc., and is disadvantageous to the Defendant.

However, in full view of the following factors: (a) the Defendant recognized all of the instant crimes in the course of the trial; (b) the Defendant divided his mistake into several parts; (c) the Defendant received a letter of tolerance from the victim in the time of the trial; and (d) the victim does not want the Defendant’s punishment; and (c) other factors of sentencing as indicated in the instant pleadings, such as character and conduct, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, it is deemed that the

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows

[Discied reasoning of the judgment below] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, except where the "1. Part of the Defendant's oral statement" was used as "1. The Defendant's oral statement" in the summary of the evidence written in the judgment below, and thus, it is identical to the corresponding column of the judgment below. Thus, it is acceptable in accordance with Article

Application of Statutes

1. Article 297 of the Criminal Act applicable to the crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and children and juveniles.