The judgment of the court below is reversed.

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

However, for a period of four years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the lower court (two years and six months, etc.) on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case is determined by the following facts: (a) the Defendant, by exercising violence against the victim in an internal relationship; and (b) inflict an injury upon the victim by rape; and (c) the victim’s goods are damaged and detained in the process; and (d) the nature and circumstances of the

The victim seems to have suffered a considerable pain due to the crime of this case, and have caused a sense of sexual humiliation.

However, from the early stage of the investigation, the defendant recognized the crime of this case from the early stage of the investigation and divided it in depth.

No criminal or sexual crime committed against a defendant shall be punishable by a fine.

The defendant seems to have committed a crime somewhat contingently in the process of suspecting and pursuing the male relationship of the victim who was in domestic relations.

After the complaint of this case was filed by the defendant, the defendant sought a letter of apology from the victim and agreed to do so, and the victim is present directly in the court of the trial and appeal against the defendant.

In addition, considering the various sentencing conditions and the scope of recommended sentences according to the sentencing guidelines, such as the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime in this case, and the circumstances after the crime, etc., the punishment sentenced by the court below is too unreasonable.

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 is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 301, 297 of the Criminal Act (the point of rape injury and the choice of imprisonment with prison labor) and Article 366 of the Criminal Act (the point of damage to property) of the same Act.