The judgment below

The guilty part (including the part not guilty) shall be reversed.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

B. A prosecutor 1) The lower court acquitted the Defendant of this part of the facts charged on the following grounds: (a) although this part of the facts charged was recognized on the grounds that each rape and attempted rape were committed, the lower court acquitted the Defendant of this part of the facts charged.

(1) The Defendant sent a victim’s text messages and voice messages containing abusive language and intimidation over several hundreds of times, and habitually repeated assault and abusive language, and bullying was committed against the victim. Under such circumstances, it is difficult for the victim to have a sense of view and comply with sexual intercourses with the victim.

(2) The victim had been directed for a long time from the defendant who was on the military register, and had been forced to respond to the defendant's sexual intercourse due to his own mind, since the victim had been a threat or assault corresponding to the time that would have to go against the victim's resistance.

(3) On October 19, 2015, when the injured party had been forced to engage in a sexual intercourse that is not constantly original from the Defendant, the injured party escaped from the Defendant who attempted to have a victim’s her life threatened, and only when he was investigated by the police, the injured party stated the facts of rape in the previous case. The circumstances are that there are some difficulties in specifying the date of the rape crime in a considerable period of time. Thus, it cannot be deemed that the statement is not credibility solely on the basis that the injured party partially confused the date of the crime.

B) Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) ① Even based on the factual basis recognized by the original conviction, the Defendant teared the victim’s portrait and clothes at the same place after the Defendant was found guilty of assault and intimidation, and the victim was prompt, and the act of assault and intimidation was the same opportunity at the same place.