The judgment below

The part of the defendant's case and the part of the request for probation order are reversed.

The defendant shall be punished by imprisonment for two years.

1. The court below rendered a judgment of conviction against a prosecuted case, a judgment of probation order as to a case of request for probation order, and a judgment of dismissal of a prosecutor’s request for attachment order.

Afterward, only the defendant and the person requesting the probation order (hereinafter referred to as the "defendant") appealed against the accused case.

Article 21-8 and Article 9 (8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter referred to as the "Electronic Monitoring Act") are deemed to have filed an appeal against a request for probation order in accordance with Article 21-8 and Article 9 (8).

However, there is no interest of the defendant in filing an appeal with respect to the case of the attachment order, which is excluded from the scope of the trial of the court below.

Therefore, only the defendant's case and probation order request are included in the scope of the trial of the court of the original instance.

2. The punishment of the original court (two years of imprisonment, etc.) shall be too unreasonable;

(F) Determination on the 3.

A. There are many circumstances unfavorable to the Defendant, such as the degree of assault and threat exercised by the Defendant during the course of committing the instant criminal act, the Defendant’s attitude shown in the course of committing the instant criminal act, the degree of sexual humiliation of the victim who could be inferred through the instant criminal act, and the violent tendency shown in the Defendant’s criminal records.

However, the court below's punishment seems to be unfair when comprehensively considering the circumstances favorable to the defendant, including the materials submitted to the court.

Defendant

In the trial, the victim paid a lot of agreed money to the victim, and the victim expressed his/her intention that the punishment of the defendant is not applied.

(No circumstance exists to reverse the victim's intention not to punish the victim). In light of the fixedness and awareness of the defendant's parents as well as the defendant's parents, the relationship between the interest of 9 parents in the record of evidence and the family relation is also achieved.