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, the period of three years from the date this judgment became final and conclusive.

1. Improper sentencing on the gist of reasons for appeal: The sentence of the lower court (two years and six months, etc. of imprisonment) is too unreasonable.

2. Determination

A. Improper sentencing of the relevant legal doctrine refers to cases where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively taking into account the conditions of sentencing as shown in the court below’s sentencing review process and the sentencing guidelines.

In a case where the appellate court’s sentencing determination is deemed unfair in light of the materials newly discovered in the course of the appellate court’s sentencing review, the appellate court should reverse the judgment below’s unreasonable determination of the sentence (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The lower court’s sentence return to the instant case is too unreasonable in light of the content of the specific case.

1) The lower court: (a) The crime of this case was committed by the Defendant under the influence of alcohol to the effect that the Defendant inflicted bodily harm on the victim by committing an indecent act on the part of the victim; and (b) by threatening the victim to the effect that he would inflict physical harm, such as taking a fry face, face, timber, arms, etc. over several times; (c) the victim appears to have suffered considerable sexual humiliation and mental pain in addition to physical harm; (d) the Defendant did not endeavor to recover damage; and (e) the Defendant did not receive a letter from the injured person; and (b) the Defendant committed the crime of this case by contingently under the influence of drinking rather than the Defendant committed the crime of this case.