The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

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

1. The gist of the reasons for appeal is that the punishment of the original judgment (4 years of imprisonment, 40 hours of order to complete education) is too unreasonable.

2. In the judgment of the court below, in light of the fact that the defendant paid 30 million won to the victim and agreed that the victim does not want the punishment of the defendant, that the defendant does not want the punishment of the defendant, that the defendant has no record of sex offense in the past, that the defendant has led to confessions and reflects all of the crimes when he denies the crime in the court below, and that the defendant is in an internal relationship with the victim and led to any contingent crime, the sentence of the court below is recognized to be improper

Therefore, the defendant's above assertion is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Facts, Article 257 (1) of the Criminal Act (the point of inflicting bodily injury on a dangerous object) and Article 297 of the Criminal Act;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes prescribed for rape with heavier penalty);

1. Article 62 (1) of the Criminal Act on probation;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In full view of all the circumstances, including the Defendant’s age, family environment, and social ties, the benefits and preventive effects expected by an order of disclosure or notification, and the disadvantages and side effects resulting therefrom, etc., that there was no previous sex offense prior to the instant order against the Defendant.