The judgment of the court below is reversed.

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

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

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The judgment of this case is a case where the defendant committed a crime such as fraud, three-time rape, intimidation, assault, etc. against the victim whom he/she was notified of his/her death, and it is not good that the crime is shown in the course and method of the crime.

In addition, the victim seems to have suffered a considerable mental impulse with sexual humiliation.

These points are disadvantageous to the defendant.

On the other hand, there are circumstances to consider the Defendant favorable to the Defendant, such as the fact that the Defendant made a confession of all the crimes and misunderstandings in the first instance, that the injured person wants to take the Defendant’s wife by agreement with the victim in the first instance, that the Defendant does not have any other criminal record except that he was punished by a fine two times in the second instance of the crime, that the Defendant seems to have been seriously affected by the victim’s written notice of the victim’s written objection during his cooperation with the victim, and that the Defendant appears to have caused the instant crime.

In full view of all of the records and arguments of this case, including the defendant's age, family relation, criminal record, relationship, sexual conduct, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, sentencing guidelines of the Supreme Court sentencing committee, etc., the defendant's argument is reasonable, since the sentence imposed by the court below is too unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is therefore justified, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the gist of the evidence acknowledged by this court is as follows: (a) the lower court’s judgment’s partial statement “1. The Defendant’s original statement” was changed to “1. The Defendant’s original trial statement”.