The judgment of the court below is reversed.

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

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

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years and six months of imprisonment, and three years of suspended execution) on the assertion of unfair sentencing is too unreasonable.

B. Although the lower court ordered the Defendant to disclose and notify the information about the Defendant for three (3) years, this is unfair because the Defendant’s risk of recidivism was very low even though it was lower, the Defendant’s disadvantage will be suffered.

2. Determination

A. The Defendant appears to have committed the instant crime in a somewhat contingent and contingent manner after drinking alcohol to the victim who became aware of his business and the late time, and the rape itself was committed by the victim. The degree of injury inflicted on the victim is not relatively more severe, and the Defendant did not have any criminal record heavier than that of the previous and the fine, and the Defendant’s acknowledgement of his/her criminal act is against himself/herself, and the victim does not want the punishment against the Defendant by agreement with the victim.

However, considering various sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the lower court’s punishment is too unreasonable, in light of the following: (a) the Defendant’s injury was inflicted in the course of rape; and (b) the victim appears to have suffered a considerable physical and mental pain; and (c) the victim appears to have received considerable physical and mental pain; and (d) accordingly, the Defendant need to take a corresponding criminal liability against the Defendant; and (b) the Defendant’

Therefore, this part of the defendant's argument is without merit.

B. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, determination on unjust assertion of disclosure order and notification order is made.