The defendant's appeal is dismissed.

1. The sentencing of the court below (three years and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant generally acknowledges and reflects his mistake, and there is a reason to consider the defendant's sentencing in favor of the defendant, such as that the defendant did not want the punishment of the defendant under the agreement with the victim D of sexual assault, and that the thief victim I attempted the defendant's wife, etc.

However, in light of the fact that the defendant attempted to steal property by intrusion upon another's residence at night, rapes the victim, and intrudes another's residence at night, and commits the crime of this case at night despite the fact that the defendant committed the crime of this case while he was punished for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, even though he had the record of punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, it is difficult to view the sentencing of the court below, which is within the scope of recommended punishment (three years to seven years) according to the sentencing guidelines of the Sentencing Committee, in this case where there is no particular change of circumstances after the sentence of the court below, is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.