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 unfair because the punishment (two years and six months of imprisonment) imposed on the defendant is too unreasonable.

Judgment

The crime of this case is an unfavorable circumstance to the defendant that the defendant drinks alcohol to the victim who had been found in his house because the defendant satisfy, and rapes the victim, and that the crime is serious, and that the victim seems to have suffered a big physical mental shock and pain together with a considerable sense of sexual shame.

On the other hand, there is no history of criminal punishment except for the defendant's violation of the Road Traffic Act in 1991, and the defendant's violation of the Road Traffic Act in 191 has been sentenced to a fine, and the defendant recognized the crime of this case late later, and reflects his mistake, and the fact that the victim does not want the punishment by agreement with the victim is favorable to the defendant.

In full view of the above circumstances, Defendant’s character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of the recommended sentence and the criteria for suspended execution according to the sentencing guidelines established by the Supreme Court sentencing committee, the sentence imposed by the lower court against Defendant is unreasonable.

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.

【Grounds for the Judgment to be used again] Criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are as follows: 【1. Part of the Defendant’s Court Statement” in the summary of the evidence of the judgment below to “1. The Defendant’s Court Statement” is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;