The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

The decision of the court below on the grounds of appeal is too unreasonable. The punishment (three years of imprisonment, etc.) imposed on the defendant is too unreasonable.

Judgment

The defendant, after finishing a meeting of work, received a request from the injured party to return home without the intention of the injured party, but instead, did not protect the injured party, and instead, sexual intercourse with the injured party who had returned home by taking advantage of the injured party's condition into a hotel. In light of the circumstances and method of the crime, the responsibility for the crime is very heavy.

A victim who has been employed at the side after completing the university's work has not only received a significant mental impulse with a considerable sense of sexual humiliation due to the crime of this case, but also caused the situation where the victim will lose his workplace thereafter.

Such circumstances are disadvantageous to the defendant.

On the other hand, there is no history of punishment imposed on the defendant heavier than a sex offense history or fine, the defendant appears to have committed the instant crime in a somewhat dynamic and contingent manner, the defendant recognized his mistake by recognizing the instant crime in late late and later, the victim does not want the punishment of the defendant by agreement with the victim, and the fact that the defendant seems to have retired from the workplace due to the instant crime is favorable to the defendant.

In full view of the above circumstances and the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the criteria for the recommended sentence scope and suspension of execution according to the sentencing guidelines set by the Supreme Court sentencing committee, the sentence imposed by the court below against the defendant is unreasonable.

Therefore, the defendant's argument is justified.

In conclusion, 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 remanded after pleading.