The judgment of the court below is reversed.

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

except that, for three years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (two years and six months of imprisonment) is too unreasonable;

2. The instant crime was committed by the Defendant, who was lockedly in the telecom, and was raped on two occasions after the Defendant inducedd the victim at the horse, and the nature of the crime is not good. The victim seems to have suffered a lot of mental pain due to the instant crime.

However, if considering the defendant's age, character and environment, motive, means and consequence of the crime and the circumstances after the crime, etc., the court below's punishment is too unreasonable. It is acknowledged that the court below's punishment is too unreasonable if it is considered that the defendant's punishment is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence admitted by this court and the summary of evidence are as stated in the corresponding column of the judgment below, except for adding "the defendant's oral statement" to the summary of evidence in the court below's order, and they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (the aggravation of concurrent crimes prescribed in paragraph (2) of the same Article concerning the crime of rape with a heavier penalty);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration favorable circumstances as seen earlier);

1. The main sentence of Article 62 (1) of the Criminal Act (the former part of the most favorable circumstances);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;