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

A. In light of the various sentencing conditions in the instant case, the sentence of the lower court (the first offense: imprisonment with prison labor for a year and six months and two years and the second and three years of suspended execution with prison labor for a year and six months: imprisonment with prison labor for a year and two years) is too unreasonable.

B. A prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (related to the part of acquittal on the grounds of rape injury in the original judgment) that the defendant forced the defendant to leave the defendant's office to rape the victim's office and forced the defendant to set up the entrance to suppress the victim's resistance, and thereby, the defendant got injured by the victim's hand at the entrance in order to set up the entrance, and thereby, the victim suffered bodily injury, such as dynasium and tensions in need of two weeks medical treatment. The injury suffered by the victim constitutes the crime of rape injury. Nevertheless, the court below acquitted the defendant of the charges of rape injury in this case on the ground that the above injury cannot be seen as the injury in the crime of rape injury, namely, on the ground that it is difficult to regard the above injury suffered by the victim as the injury, the physical health condition of the victim was changed due to the above injury and did not reach the degree of disability in living function. The judgment below erred by misapprehending the facts or by misapprehending the legal principles on the crime of rape injury, thereby affecting the conclusion of the judgment.

2. Determination on the part of the defendant's case

A. Examining the various sentencing conditions in the instant case regarding the assertion of unfair sentencing by the Defendant and the prosecutor as to the part concerning the first crime in the judgment of the court below, the crime of violation of the Punishment of Violences, etc. Act (Habitual Injury) was committed by the Defendant on two occasions habitually, and the Defendant inflicted each injury upon the victim who is the former offender, in light of the background and frequency of the crime, and the method of the crime.