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.

The decision of the court below on the grounds of appeal is unfair because the punishment (two years and six months of imprisonment) imposed on the defendant is too unreasonable.

Judgment

The crime of this case was committed by the defendant, along with the victim, etc. who is working as a worker, and the victim took the victim into the contact with the victim, and the victim had sexual intercourse with the victim by taking advantage of the state of no consciousness under the influence of alcohol, and the responsibility for the crime was considerably heavy.

The victim seems to have suffered considerable sexual humiliation and mental shock and suffering as well as considerable sexual humiliation due to the crime of this case by the defendant.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case against his mistake, and the victim paid a reasonable amount of money in the first instance and did not want the punishment of the defendant by agreement with the victim.

The defendant does not have any other criminal history except sentenced to a fine on one occasion due to the crime of double-class, and according to the materials submitted, social ties seems to be clear.

These circumstances are favorable to the defendant.

In light of the first type of punishment (general rape) and the criteria for suspended execution (special rape) of the rape, the punishment imposed by the court below against the defendant is too unfair, in light of the general criteria for the enactment of sentencing guidelines set forth in the Supreme Court sentencing committee (one year and six months to three years of imprisonment), including the above circumstances and the defendant's age, sex, environment, family relationship, means of crime, result, etc. (the scope of punishment) and the circumstances after the crime.

Therefore, the defendant's argument is justified.

Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Grounds for the judgment to be used again] Criminal facts and summary of evidence.