The judgment below

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

A defendant shall be punished by imprisonment for three years.

except that this judgment.

1. Notwithstanding Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders as there is no benefit to appeal as to the part of the case of the defendant, the lower court sentenced the prosecutor’s request regarding the part of the case of the defendant and the part regarding which the request for attachment order was filed, and thus, rendered a judgment dismissing the prosecutor’s request regarding the part regarding which the request for attachment order was filed

2. Summary of grounds for appeal;

A. The Defendant, after committing the crime of rape and injury under paragraph (1) of the judgment of the court below, committed rape and injury by rape and rape in the fear of assault and intimidation committed at the time of the crime of rape and injury under paragraph (1) of the judgment of the court below.

However, as stated in paragraph (1) of the judgment of the court below, the defendant only inflicted an injury on the victim in the course of rape, and there is no fact that the defendant used to assault and injure the victim when the defendant moves together with the victim to the house of the defendant and re-Rape the victim.

Nevertheless, the lower court recognized that the Defendant’s injury was inflicted on the victim during the course of committing rape injury under Article 1(1) of the lower judgment’s judgment and was inflicted on the victim during the course of committing rape under Article 2(2) of the lower judgment. In so doing,

B. Even if all of the facts charged in the instant case are found guilty, the lower court’s imprisonment (three years of imprisonment) is too unreasonable.

3. Determination

A. The evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts, in particular, after the crime of rape injury under Paragraph (1) of the judgment of the original court, the defendant moved to the defendant's house after the crime of rape injury, and then the defendant faces a disturbance in the eye of the victim, and the head of the victim's body is broken off in the face of the victim and drinking.