The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of two years and six months, and a short term of two years.

80 hours per the defendant.

Summary of Grounds for Appeal

The sentence of the court below that sentenced the defendant a maximum of five years of imprisonment and a short of three years of imprisonment is too unreasonable.

Judgment

The fact that the defendant fully acknowledges and reflects the crimes of this case, the defendant's side does not want the punishment of the defendant in agreement with the victim in the trial, and the mother of the victim submitted an application to the defendant that he was in the future. The defendant is likely to improve his personality and behavior through proper edification in the future as a juvenile of 17 years old, his father is able to actively lead the defendant, and the defendant's poor growth environment and family environment might have affected the crimes of this case and the previous delinquency are favorable to the defendant.

On the other hand, the defendant committed the crime of this case with the meaning and purpose of juvenile protective disposition, even though he was placed in the juvenile reformatory for the purpose of creating the environment and correcting behaviors, and committed the crime of this case repeatedly against the victim who was admitted to the juvenile reformatory, and committed an act of similarity by force, preventing the victim from reporting the crime. The method of crime is extremely poor. The victim did not report severe mental and physical pain due to the crime of this case, but did not report it with the defendant's retaliation for a considerable period of time. Thus, it seems that there was considerable mental suffering that the victim had suffered during the crime of this case. The defendant committed the crime of this case without delay even though he was placed in the juvenile reformatory with the juvenile protective disposition for the purpose of creating the environment and correcting behaviors. In light of the contents, method, and time of the crime of this case, it seems inevitable to punish the defendant as more severe punishment than the existing juvenile protective disposition.

As above, the above conditions and conditions favorable to the defendant are included.