The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

The court below rendered a judgment of dismissal of the prosecutor's request regarding the part of the defendant's case and the part of the case for which the attachment order is requested, and there is no benefit of appeal as to the part for which the attachment order is requested.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the part regarding the request for attachment order is excluded from the scope of the trial of this court.

Summary of Grounds for Appeal

The punishment sentenced by the court below (three years of imprisonment, etc.) is too unreasonable.

Judgment

The crime of this case is an unfavorable circumstance to the defendant, such as the fact that the defendant, who is a child or juvenile, discovered a locked victim in the park and brought the victim to the hotel, and that the crime is serious, and that the victim at the time to form a sound sexual identity and values due to the above crime seems to have suffered a great physical and mental pain, etc.

On the other hand, the fact that the defendant recognized the crime of this case and divided the mistake in depth, and that the victim does not want the punishment against the defendant by mutual consent with the victim and that there is no record of criminal punishment exceeding the fine and there is no record of criminal punishment for the same crime, etc. are favorable to the defendant.

The above circumstances and the defendant's age, character, conduct and environment, motive, means and consequence of the crime of this case, all of the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee ( Imprisonment of three to five years)

1. Scope of punishment by law: Three to fifteen years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(a) the crime of rape (at least 13 years of age);