The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the above punishment shall be imposed for four years from the date of the final judgment.

1. In light of the summary of the grounds for appeal that the Defendant repents his mistake and the circumstances leading to the instant crime, the lower court’s punishment (three years of imprisonment) is too unreasonable.

2. In full view of the following factors: (a) the Defendant’s mistake was divided and reflected in the judgment; (b) the Defendant paid KRW 10 million to the victim during the trial; (c) the Defendant had no record of criminal punishment for the same kind of crime; (d) rape itself was committed by the Defendant; and (e) the Defendant committed the instant crime, which is favorable to the Defendant; and (e) the Defendant appears to have suffered considerable mental shock; and (e) the Defendant’s age, character and behavior, environment, family relationship, motive and background of the instant crime; (c) the method and consequence of the instant crime; and (d) the recommended sentencing guidelines established by the Sentencing Committee, including the circumstances that are disadvantageous to the Defendant, such as the Defendant’s age, character, environment, family relationship; (d) the motive and consequence of the instant crime; and (e) the recommended sentencing guidelines established by the Sentencing Committee.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 301, 300, and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 201);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the sentencing grounds in the above case);

1. The Criminal Act, the suspension of execution;