The defendant's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment) is too unreasonable.

2. The judgment of this case is that the defendant had sexual intercourse with the victim who was pregnant and was unable to resist by being able to do so, while considering that the defendant would have to take care of the victim, who was in the state of full exploitation, and it can easily be said that the victim was pregnant due to the crime of this case, and the physical and mental suffering experienced by the heavy surgery was not high. Thus, the defendant's responsibility for the crime is very heavy.

On the other hand, it is favorable for the defendant to commit the crime of this case, such as the fact that the defendant was able to take care of the victim who is in the state of her detention and seems to have committed the crime of this case, that the defendant has committed the crime of this case in depth, that the defendant has smoothly agreed with the victim, and that the defendant has no criminal record of probation or higher, etc.

However, when the Defendant was subject to the initial investigation at the police, the Defendant denied extreme force to commit the instant crime while having been found to have been aware that he was the father of the fetus as a result of the gene analysis on the fetus, and thus, the Defendant led to the confession of the instant crime. Therefore, such confessions should be considered as factors for sentencing.

In addition, taking full account of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, method, and consequence of the crime, various conditions that may be conditions for sentencing, such as the circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee (the scope of the recommended sentence) based on the basic area (2 years and six months to five years) of the first type of the crime of rape (the subject of general rape) (the subject of special mitigation and mitigation) (the subject of punishment) and the basic area (2 years to six years to five years), it is not determined that the sentence of the court below

Meanwhile, according to the "Written Decision of Non-prosecution on April 26, 2010 by the Prosecutor of the Daejeon District Prosecutors' Office," which was submitted by the defense counsel at the party trial.