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.

The court below rendered a not guilty verdict on the injury of rape among the facts charged of this case, and found the guilty verdict on the injury of rape and rape in the judgment of the court below.

As a prosecutor does not dispute this, the part of innocence on the grounds of appeal can be transferred to this court along with the conviction in accordance with the principle of indivisible appeal. However, the part of acquittal on the grounds of appeal was already excluded from the object of attack and defense between the parties, and was virtually relieved from the object of trial.

Therefore, the scope of this Court’s trial is limited to the remainder other than the part not guilty among the judgment below, and the part not guilty is subject to the conclusion of the judgment below, and this Court does not decide separately.

2. The defendant asserts that the sentencing of the court below is unfair because the sentencing of the court below is too large, and the prosecutor asserts that the sentencing of the court below is too unhued and unfair.

3. Although the Defendant received a decision to take ad hoc measures to prohibit access within 100 meters by destroying the house at a restaurant operated by the victim, which is the spouse, the Defendant: (a) inserted the victim into the negative part of the victim under the influence of alcohol again during that period; (b) destroyed the mobile phone; (c) inflicted an injury upon the victim’s isolation; and (d) detained the victim whose resistance is detained for a considerable period of time by rapeing the victim under the suppression of resistance. In light of the details and methods of the instant crime and the relationship with the victim, etc., it is not good that the crime is committed.

As a result, the victim seems to have suffered a considerable mental or physical suffering.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows the appearance of recognizing all the crimes that were denied by the court below in this case.

Defendant has no record of punishment except for a crime of violating the Road Traffic Act (refluence of drinking), which is sentenced to a fine of KRW 5 million.

The judgment of the court below.