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 becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., two years of imprisonment) is too unreasonable.

2. The fact that the victim who was only 20 years of age due to the Defendant’s instant crime appears to have suffered emotional distress along with sexual humiliation is disadvantageous to the Defendant.

On the other hand, the fact that the defendant was committed in his criminal act and reflects his depth, the fact that the defendant appears to have committed contingent crimes in the key, a space sealed with the victim, seems to have been committed, the defendant has no particular criminal power, including a fine due to the violation of the Military Service Act, and the fact that the victim was not punished by agreement with the victim during the trial, etc. is favorable to the defendant.

In addition, the age, character and conduct, environment, family relationship, motive and background of the instant crime, means and consequence of the instant crime, etc. (in particular, as seen earlier, the victim expressed his/her intention not to punish the Defendant) and the sentencing guidelines of the Supreme Court Sentencing Committee.

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. In full view of the scope of recommendations according to the sentencing guidelines (determination of types), general criteria, rape (subject to more than 13 years of age), general rape (subject to special rape) and general rape (subject to 1 year and 6 months to 3 years (decision on the recommended area) of the victim, the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. Accordingly, the defendant's appeal against the judgment of the court below is justified. Thus, it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided as follows.

Criminal facts and summary of evidence recognized by the court are the same as stated in each corresponding column of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.