The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment and imprisonment for two years and six months) by the court below is undue.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court should respect the sentencing of the first instance court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The Defendant shows an attitude against the Defendant, recognizing the instant crime.

The defendant seems to have a possibility of improving his personality and behavior through proper edification in the future as a youth of 22 years of age.

On the other hand, the crime of this case is deemed to have sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist, under the influence of alcohol, and is not good in light of the circumstances and contents of the crime.

Although the victim appears to have received a considerable sense of sexual humiliation and mental impulse due to the crime of this case, the defendant did not take any measures to recover the damage of the victim, and did not receive a letter from the victim or did not reach an agreement.

Although the defendant had a record of juvenile protective disposition for the same crime, the defendant committed the crime of this case again.

In full view of the following circumstances as well as the Defendant’s age, character and conduct, environment, family relationship, motive and background, means and consequence of the crime, and the circumstances after the crime, it is not determined that the sentence of the lower court is excessively unreasonable.

Defendant’s assertion cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.