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.

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court (two years and six months of imprisonment, and 80 hours of sexual assault treatment programs) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court of unreasonable sentencing is unreasonable because it is too uneasible and unfair. 2) The Defendant’s improper exemption from disclosure and notification orders expressed sexual desire in an unlawful manner against a female under the age of 13, and thus, the Defendant’s personal information should be disclosed and notified.

2. Determination

A. The instant crime committed against the Defendant and prosecutor’s assertion of unfair sentencing is an unfavorable circumstance against the Defendant, in light of the circumstances leading up to the instant crime and the victim’s age, etc., where the Defendant had raped a juvenile who was under the influence of alcohol and was unable to resist, and where the victim’s inappropriate experience due to the instant case may interfere with the proper formation of the victim’s sexual identity.

On the other hand, however, the fact that the degree of force of the defendant's use is not limited, the defendant does not want to punish the defendant from the investigation stage, the defendant confessions the crime and reflects the depth thereof, the victim does not want to punish the defendant, and in particular, the defendant makes efforts to recover damage to the victim while his father submitted a written application for the correction of the defendant's release to the victim at the end of the victim and the father of the victim. The victim is living normally without a big side effect, the victim is living normally without any previous criminal record, the defendant is a first offender without any previous criminal record, and the age of the defendant is expected to be sufficiently possible for future improvement and edification, and his family and relatives want to grow up with the defendant's preference.

As above, circumstances unfavorable or favorable to the defendant, and the age, character, environment, family relationship, and crime of the defendant.