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.

A. The lower court’s sentencing is too inappropriate.

B. Prosecutor 1) The sentencing of the lower court on the grounds that it is unreasonable for the lower court to impose an order on the Defendant to disclose personal information of the Defendant, although there are no special circumstances that may not disclose or notify the Defendant’s personal information.

2. Considering the fact that the Defendant rapes the victim, who is an assistant instructor of a private teaching institute that the Defendant works as an instructor, and the nature of the crime is not good, and that the Defendant seems to have been aware of considerable mental suffering and suffering from the instant crime, strict punishment against the Defendant is necessary.

However, the court below's punishment is too unreasonable in light of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the conditions of sentencing specified in the argument of this case, such as the defendant's age, character and environment, motive, means and result of the crime, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee, etc.

Therefore, the defendant's argument on unfair sentencing is reasonable, and the prosecutor's argument is without merit.

3. Thus, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the prosecutor's improper argument about exemption from disclosure and notification order, and the judgment below is again ruled as follows.

【Grounds for the Judgment of the Supreme Court】 Facts constituting an offense and summary of evidence recognized by the court, and gist of evidence.