The defendant's appeal is dismissed.

1. The punishment imposed on the accused by the first instance court (two years and six months of imprisonment, three years of suspended execution, and an order to attend a sexual assault therapy for forty hours) of the summary of the grounds for appeal is too unreasonable;

2. Determination factors or objective and neutral sentencing factors are recognized, such as the Defendant’s absence of criminal records or fines higher than those of the same criminal records or fines, but the degree of mental disorder is not determined, it appears that the crime of rape in this case was committed in a state of drunken and shock, and the degree of injury suffered by the victim is very heavy, and the victim does not want punishment against the Defendant by agreement with the Defendant.

However, the crime of this case is also acknowledged as a disadvantageous sentencing factor, such as the crime of this case where the crime of this case was committed in light of the method and content of the crime, the means and result of the crime, the degree of damage, etc., that the crime of this case was considerably poor, and the victim seems to have suffered considerable mental impulse due to the crime of this case.

The above sentencing factors and the defendant's age, character and conduct, intelligence and environment, criminal records, motive and background leading to the crime of this case, the circumstances after the crime of this case and the means and consequence of the crime of this case have been sentenced to imprisonment for life or for a limited term of not less than five years, and there is no reason to repeat the sentence, such as mitigation of self-denunciation, it is legally impossible for the court below to sentence the defendant to a lower sentence since it sentenced the suspension of execution of the lower sentence through discretionary mitigation, as stated in its reasoning, considering the reasons for sentencing of the defendant's assertion, and the order to attend sexual assault therapy for 40 hours which the court below sentenced to by the defendant, is the defendant's age, occupation, risk of recidivism, type of crime of this case, and type of crime of this case.