The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (five years and six months of imprisonment) is too unreasonable.

The Defendant asserted that, in relation to “Immunan” submitted to the trial on October 4, 2018 (the receipt of this court was October 5, 2018), the Defendant did not have the intent to commit rape at the time of committing the instant crime, but such assertion was raised only after the lapse of the submission period for the reasons for appeal, and thus cannot be a legitimate ground for appeal.

In addition, even if examining ex officio, there is an error in the judgment below that found the defendant guilty of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.).

It does not seem that it does not appear.

2. The sentencing materials favorable to the Defendant include: (a) the charge of rape committed by the Defendant in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) of the Defendant; (b) the victim’s wife is not very severe in the process; (c) the victim expressed his/her intent not to punish the Defendant by rape or sexual indecent act at the investigation stage; (d) the Defendant has no record of committing a sex offense; and (e) the damage amount of the special robbery of this case is minor.

However, the crime of this case was committed in a restaurant operated by an elderly female victim with a deadly weapon while drinking alcohol, and the crime was committed in the course of threatening rape, and was committed with strong nature as a crime committed by the Defendant and the victim. No agreement was reached between the Defendant and the victim, and the Defendant did not make any effort to recover the victim’s damage, etc. It cannot be considered as a disadvantageous sentencing data against the Defendant. In addition, all kinds of sentencing revealed during the trial process of this case, including the Defendant’s age, sexual behavior, motive and means of the crime, and the circumstances before and after the crime.