The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment became final and conclusive.

1. The sentence of the lower court’s sentence (two years of imprisonment) against the Defendant against the gist of the grounds for appeal is too unreasonable.

2. The crime of this case is deemed to have committed rape with the victim under the age of 19 who was under the influence of alcohol and was in a state of failing to resist due to the defendant's attitude on the vehicle, in view of the purpose and content of the crime, the method of the crime, and the age of the victim, etc., with heavy character of the crime; the victim seems to have suffered considerable sexual humiliation and mental pain due to the crime of this case; the defendant had the same criminal records; however, there are disadvantageous circumstances to the defendant, such as the confession and depth of the crime of this case; on the other hand, the defendant led the crime of this case; the victim does not want the punishment against the defendant; the defendant did not want the punishment against the defendant; the defendant did not want the punishment against the defendant; the defendant was not subject to suspended sentence or heavier; other various sentencing conditions under Article 51 of the Criminal Act; and the enactment of sentencing guidelines and sentencing guidelines of the Supreme Court.

3. In conclusion, 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 with merit.

Criminal facts

The main judgment of the court below is as follows.

Application of Statutes

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the favorable circumstances as seen in the judgment on the assertion of unfair sentencing)

1. Article 62(1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62(1))

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

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