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 (e.g., imprisonment with prison labor) by the lower court is excessively unreasonable.

2. On September 18, 2018, the Defendant committed each of the instant crimes without being aware of, even though he/she was sentenced to imprisonment with prison labor for larceny for four months at the Suwon District Court on September 18, 2018 and was in the period of suspension of execution.

The defendant attempted to have sexual intercourse with the victim under the influence of alcohol and had rape in spite of his refusal to engage in the sexual intercourse with the victim, and the victim seems to have suffered considerable physical or mental pain.

In addition, the defendant has already been punished for a drunk driving, and the defendant has committed a drunk driving crime while being investigated into the crime of rape.

These circumstances are disadvantageous to the defendant.

However, when the defendant is in a trial, he recognizes all crimes and reflects them.

At present, the defendant is currently young who is 22 years of age, and the defendant has no record of committing sexual assault.

The degree of violence inflicted by the defendant in the course of committing rape shall not be severe.

In the past when the defendant was in the trial, the victim does not want to be punished against the defendant by mutual consent with the victim of rape.

These circumstances are favorable to the defendant.

In light of these circumstances, in full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court is deemed to be too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Discied Reasons for Judgment] Summary of facts constituting an offense and evidence recognized by the court and summary of the evidence are among the main points of evidence.