The judgment of the court below is reversed.

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

except that, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., unfair sentencing) presented an assertion of mistake of facts and misapprehension of legal principles in addition to the assertion of unfair sentencing as the grounds for appeal, but on the first trial of the court of first instance, the Defendant explicitly withdrawn the aforementioned assertion of mistake of facts and misapprehension of legal principles,

The sentence of the lower court (two years and six months of imprisonment) shall be too unreasonable.

2. The crime of this case is not likely to cause injury to the victim while the defendant forced the victim to leave the victim's arms so as to have sexual intercourse, and the escape in body is forced to take the victim's arms into the beds and forced rape, and the crime of this case is not likely to cause injury.

The crime of this case committed within the closed telecom around the new wall seems to have caused considerable fear and sexual humiliation to the victim.

In 2014, the Defendant has been sentenced to one year of suspended execution in April due to the crime of injury, interference with business, and obstruction of performance of official duties, and six months of suspended execution in June of 2015 due to the crime of violation of the Punishment of Violences, etc. Act (joint injury).

These circumstances are disadvantageous to the defendant.

However, while the defendant was in an agreed sexual relationship with the victim, it appears that the victim committed the crime of this case resulting from a defect that the victim would have ceased to engage in the sexual intercourse and attempted to do so, there is no record of criminal punishment for a sexual crime before the crime of this case, in the trial, the defendant paid 5 million won to the victim and agreed to pay 5 million won to the victim, and the victim expressed his/her intent not to hold the defendant accountable for civil and criminal liability.

As above, the defendant's age, character and conduct, family relationship, motive and means of crime, and circumstances after the crime were revealed in the course of the pleading of this case.