The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for eight years.

. Information on the Defendant.

A. The Defendant and the respondent for an attachment order (hereinafter “Defendant”) committed a sexual intercourse with the victim E and M freely with the victim’s consent, and they did not have a sexual intercourse with the victim by assaulting and threatening the victims as stated in the facts charged (where there was sufficient time and place conditions for the victims to report damage to an investigative agency, etc. or to request a third party’s assistance), and the lower court erred by misapprehending the facts that the lower court convicted all of the sexual crimes of this case, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (one hundred years of imprisonment, etc.) is too unreasonable.

2. Determination

A. In light of the contents of the marriage guaranteed by the Constitution, the family life, the changes in awareness of sexual assault at home, the structure of the Criminal Act and the process of amendment, the legal interests protected by the law of the crime of rape, and the contents of the marital living obligation of the couple, etc., the “child” which is the object of the crime of rape as stipulated under Article 297 of the Criminal Act includes the legal wife, and even if the marital relationship is substantially maintained as well as the failure of the marital relationship, if the husband has sexual intercourse with the wife by assault or intimidation to the extent that it is impossible or considerably difficult for the husband to resist or make it difficult for him to do so, the establishment of the crime of rape

(See Supreme Court en banc Decision 2012Do14788, 2012 Jeondo252 Decided May 16, 2013). In addition, whether a perpetrator committed assault or intimidation to establish the crime of rape shall be determined based on the specific situation in which the victim was placed at the time of sexual intercourse, taking into account not only the content and degree of such assault or intimidation, but also the background leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse and the subsequent circumstances. From an ex post perspective, the victim could have escaped from the scene of the crime before sexual intercourse.

(b).