The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Determination of the instant crime is a so-called trub violence that is socially problematic, and requires strict punishment to prevent the same kind of crime among the members of society.

The nature of crimes is very poor in light of the methods of exercising violence against the victim, the frequency of crimes, and the degree of injury.

Despite the fact that the defendant had been able to live a prison life for a long time due to robbery, rape and robbery, the crime of this case has again been committed.

The crime of this case seems to have considerable mental damage caused by the victim.

However, in full view of the records and arguments of this case, including the defendant's age, sexual conduct, environment, motive and circumstance of crime, means and consequence of crime, etc., the sentence imposed by the court below is too unreasonable because it is too unreasonable, considering the following: the defendant's mistake is divided, the defendant has reached an agreement that it is difficult for the victim to lend money in good economic situation; the victim has not been punished; the defendant's wife has endeavored to prevent the defendant from repeating this error; and the defendant's wife has complained of the defendant's wife.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act and Article 257 of the Criminal Act concerning facts constituting an offense, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows.