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 becomes final and conclusive.

1. The sentence of the lower court to the accused (three years of imprisonment) against the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant was consistent with the investigative agency to the judgment of the court below, and denied his own crime, and the crime of this case was committed by force by suppressing resistance by the defendant, such as intrusion upon the victim's residence, which is a female victim, and imprisoning and threateninging the victim's timber, etc., and the crime of this case is not very good in light of the place of crime, method of crime, mode of act, etc., and the crime of this case committed in the victim's residence where privacy is to be most protected, and the victim seems to have suffered considerable mental suffering and shock, and the crime of this case was committed in the same manner, which is disadvantageous to the defendant, even though there were two times, such as the crime of injury and the crime of violation of the Punishment of Violences, etc. Act.

On the other hand, the fact that the defendant divided his mistake in the trial and led to the confession of all the facts of the crime, there is no criminal record exceeding the fine, and there is no criminal record for the same kind of crime, the actual amount of damage caused by the crime of this case is relatively large, and the fact that the defendant agreed with the victim in the trial is favorable to the defendant.

In addition, considering all circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the offense, the sentence of the lower court seems to be too unreasonable.

3. As the defendant's argument of unfair sentencing is with merit, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and the defendant's argument is followed again.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.