1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3.Provided, That the period of five years from the date this judgment becomes final and conclusive shall be the same.

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. The crime of this case is found to have been committed by the Defendant, who had been a chain, even though the Defendant explicitly expressed his intention of refusal in advance, and thus, was rape by assaulting and threatening the victim and causing bodily injury in the course of the crime, in view of the background and method of the crime, degree of

The victim seems to have suffered a big sexual humiliation and mental impulse.

The victims are trying to punish the accused even until now.

On the other hand, when the Defendant was related to the victim, he saw the victim's buck or her tamp with her mick, her kledle farming, and her klebling the victim's buck or her kleb, etc. in line with the agreement with the victim.

The Defendant, from the police to the court below, committed the instant crime, and committed the instant crime on the line of extension of a virtual sexual relationship such as the past to the court below, with implied approval, does not constitute an offense.

However, it is argued that the crime was committed in the first instance, and it is against the wrongness.

The injury suffered by the victim due to the crime of this case is not so significant.

Although it did not reach an agreement with the victim in the trial, the court deposited 10 million won for the victim.

The defendant was punished by a fine of KRW 1 million due to damage to public property in 2009 by a young person of 32 years of age, and there is no other criminal record, and there is still much possibility that he will become a healthy member of this society by improving his personality and conduct in the future.

In full view of all circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court is too unreasonable.

3. If so, the defendant-appellant.