The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (the grounds for appeal) withdrawn the assertion of mistake of facts and misapprehension of legal principles on the third trial date of the party trial.

The punishment of the court below (five years of imprisonment) is too unreasonable.

2. Determination

A. ① The contents and attitude of the instant crime are not good in terms of circumstances.

In particular, the victim was pregnant due to the instant crime and was under the surgery of abortion (the “five weeks of pregnancy” at the time of the surgery).

② After committing the instant crime, the Defendant was threatened with the victim, and the Defendant, whose 35th page of the evidence record is less than 35, using the expression of inducing the victim C, and providing information about the content of the instant crime, etc., would not be good in terms of the attitude that the Defendant would look at while training the instant crime.

③ The victim suffered a lot of mental pain due to the instant crime.

The victim complained of stressed stressed and de facto loss of self-esteem.

Such a point is disadvantageous to the defendant.

B. As such, even if considering the unfavorable circumstances against the Defendant, the lower court’s punishment seems to be unreasonable in the following respect.

① From the third trial date of the trial of the first instance, the Defendant, who was detained near 11 months, recognized all the facts charged of the instant case, and expressed his/her intention to repent of wrong facts.

② In the trial, the Defendant’s side paid a certain amount of agreement to the victim.

The victim also expressed his/her intention that he/she is not subject to punishment for the defendant in the trial.

(3) No defendant shall be subject to criminal punishment against a sexual crime.

No defendant shall be subject to criminal punishment, except for fines twice.

④ There is money in a ties between family members who can support Defendant mentally.

C. The sentencing data added to the Defendant’s age, career, character and conduct, environment, family relationship, motive, circumstance, means and consequence of the crime, and circumstances after the crime, including the aforementioned circumstances.