The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

The decision of the court below on the grounds of appeal is too unreasonable. The punishment (three years of imprisonment, etc.) imposed on the defendant is too unreasonable.

Judgment

The defendant had sexual intercourse by taking advantage of his state rather than being unable to protect the victimized person under the influence of alcohol as the workplace's company with the invitation of his superior in the workplace when he had been employed in the same team for not less than two months. In light of the relationship between the defendant and the injured person, the details and methods of the crime, etc., the responsibility for the crime is very heavy.

The victim seems to have suffered a big physical pain with severe sexual humiliation due to the crime of this case.

Such circumstances are disadvantageous to the defendant.

On the other hand, there is no criminal record against the defendant, and the defendant was found to have committed the crime of this case late after the death of the defendant, against his mistake, and the injured person does not want the punishment of the defendant in agreement with the victim, and the fact that the defendant seems to have been dismissed at work due to the crime of this case is favorable to the defendant.

In full view of the above circumstances and the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the criteria for the recommended sentence scope and suspension of execution according to the sentencing guidelines established by the Supreme Court sentencing committee, the sentence imposed by the court below is too unfair.

Therefore, the defendant's argument is justified.

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

【The reasoning of the judgment which is used again 【The facts constituting the crime and the summary of the evidence admitted by the court and the summary of the evidence are added to the summary of the evidence of the judgment below.”