The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

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

2. The instant crime committed by the Defendant, who operates an entertainment drinking club, has been sexual intercourse with the victim, who had been under the influence of alcohol at his main place of operation, and is also likely to cause considerable mental impulse and sexual humiliation. The instant crime is serious in that the victim, thereby causing considerable mental impulse and sexual humiliation.

On the other hand, however, the defendant recognized his mistake, divided, and expressed his intention that the victim does not want the punishment of the defendant by paying compensation to the victim in the past, and there is no previous difference between the defendant and the defendant.

When comprehensively considering these circumstances and various sentencing conditions as shown in the instant records and arguments, the lower court’s sentence is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. Since 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 judgment is rendered again after pleading.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances as stated in paragraph (2) of the same Article);

1. Article 62 (1) of the Criminal Act (wholly favorable circumstances as stated in the above paragraph (2));

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The crime of this case under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities.