The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an order to complete a sexual assault treatment program with 2 years and 6 months or 40 hours of imprisonment) is too unreasonable.

2. The Defendant: (a) went to a singing place after the line of work with the victim, etc. who was on board the line of work; (b) and (c) had sexual intercourse with the victim, who was in an impossible state of resistance by returning home or causing a taxi, or drinking.

The crime of this case is a bad nature in light of the relationship between the defendant and the victim, and the details and methods of the crime.

The victim seems to have undergone severe sexual humiliation and mental impulse due to the crime of this case, and the subsequent mental suffering seems not to be easy to recover in the future.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant committed a crime while committing a crime in the process of the investigation, and is against his will to recognize his mistake from the beginning of the investigation, and with the defendant's efforts to recover counter-influence and damage, the victim expressed his intention that he does not want the punishment against the defendant.

There is no history of the crime against the accused except twice before and after the other type of fine.

These circumstances are favorable to the defendant.

In full view of the following circumstances, including 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 range and suspension of execution according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the lower court’s punishment is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Grounds for a new judgment】 Facts constituting an offense and summary of evidence recognized by the court, and evidence related thereto.