The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

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

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Determination

A. In light of the fact that the instant crime of determining the illegality of sentencing is likely to inflict an injury on the victim with visual disability 1, rape and injury the victim, confinement the victim, etc., a strict punishment against the Defendant is required.

However, when considering the defendant's age, sex and environment, motive, means and consequence of the crime of this case and the conditions of sentencing specified in the arguments of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the defendant's above assertion by the defendant is too unreasonable, so it is reasonable that the court below's punishment is too unreasonable.

B. We examine ex officio the compensation order part of the judgment below.

Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that an order for compensation pursuant to the provisions of Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall be a system in which the amount of damage to direct property damage suffered by a victim by a criminal act of a defendant is specified and the scope of the defendant's liability for compensation is clear, thereby promoting the recovery of damage suffered by a victim simply and promptly. Under Article 25(3)3 of the Act on Special Cases Concerning Special Cases Concerning the Settlement of Legal Proceedings, where the existence or scope of the defendant's liability for compensation is unclear, the order for compensation shall not be issued

In light of this purpose, the defendant submitted a written agreement that the defendant agreed with the applicant for compensation in the process of trial, and the contents of the written agreement alone are paid by the applicant for compensation.