The judgment of the court below is reversed.

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

However, from the date of the final judgment, the defendant.

1. The Defendant and his defense counsel withdrawn the assertion of mistake of facts and misapprehension of legal principles on the third trial date of the trial of the party.

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

2. Although the victim who was in an internal relationship was trying to complete the relationship, the Defendant continued to threaten or assault the husband to know the unknown fact, thereby rapeing the Defendant and resulting in an indecent act by force.

In light of the relationship between the Defendant and the victim, the motive, details, and details of the instant crime, mental suffering experienced by the victim, and the circumstances after the crime, it is difficult to view that the nature of the crime is light.

Such circumstances are disadvantageous to the defendant.

However, the defendant is not subject to a fine twice due to drinking driving, and there is no criminal record of probation including the same kind of crime.

The degree of injury suffered by the victim is not severe, and the victim should pay the amount of 50 million won agreed upon to the victim in the first instance, and the victim does not want to be punished against the defendant.

Although the defendant committed the crime of this case, which cannot be considered to be a wrong sexual desire, the defendant recognized all of the crimes of this case and seriously reflects his mistake through detention life for not less than 3 months.

Since the family members and branch members of the defendant appeal against the defendant, social ties are clear.

Defendant

At the same time, it seems that the family's own care in the future will not repeat the crime again, and it is highly likely that it will not repeat the crime.

Such circumstances are favorable to the defendant.

In addition, sentencing, such as the age, character and conduct, environment, family relationship of the defendant, the circumstances leading to each of the crimes of this case, and the motive, means and result of the crimes, and the circumstances after the crimes.