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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for three years.
provided that this ruling has become final and conclusive.
Reasons
The lower court dismissed the public prosecution and convicted the remainder of the facts charged on the ground that the victim expressed his intention not to be punished after instituting the instant public prosecution regarding defamation among the facts charged in the instant case.
Since the defendant appealed against the guilty portion, and the prosecutor does not appeal against the dismissal part of the public prosecution, the dismissal part of the public prosecution shall be separated and confirmed as it is, only the guilty part shall be within the scope of the judgment of this court.
Summary of Grounds for Appeal
Defendant
The sentence imposed by the court below on the defendant (three years of imprisonment with labor for two years) is too unreasonable.
Although there is a special reason to not disclose or notify the personal information to the defendant in violation of the disclosure notification order, it is unfair that the court below ordered the defendant to disclose or notify the personal information.
The sentence imposed by the court below on the defendant is too uneasible and unfair.
Judgment
As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant has led to the confession of all the crimes of this case and divided the errors.
The defendant does not want the punishment of the defendant any longer by agreement with the victim in the original instance.
However, the crime of this case was committed by the defendant, who was working in the workplace of the victim, was invaded by the victim's house in excess of the victim's body during night hours, and then forced the victim to have sexual intercourse. In the process, the victim was injured, and the victim continued to send obscene text messages to the victim more than 40 times, and there is a high possibility of criticism.
It seems that the victim suffered a big mental impulse and pain.
Even in 195, the defendant was sentenced to 15 years of imprisonment with prison labor due to a violation of the Punishment of Sexual Crimes and Protection of Victims, etc.