The defendant's appeal is dismissed.

1. The lower court dismissed the public prosecution regarding insult of the facts charged in the instant case, and convicted the remainder of the facts charged, and dismissed the public prosecution as to only the Defendant appealed the part of conviction, which became separate and conclusive.

Therefore, the scope of the judgment of the court shall be limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment, three years of suspended execution, three years of community service, 120 hours of education, 40 hours of education) is too unreasonable and unfair, and in particular, since the Defendant’s health condition is not good, the community service order and order to attend education to the Defendant is too excessive.

(3) The defendant asserted that there was an error of misunderstanding of facts in the judgment of the court below, but the court of first instance withdrawn the above argument on the date of the trial of the court of first instance.

A. As to the two years and six months of imprisonment and the three years of suspended execution, the defendant has no record of criminal punishment except that sentenced to a fine due to the crime of this species, and his/her mistake is seriously against himself/herself, and the fact that the defendant agreed with the victim is favorable to the defendant.

However, the crime of this case was committed by the defendant at the home of the victim who was in a relationship with the defendant in the night and committed an indecent act by force against the victim, and the victim was injured during that process, and the victim's legitimate evictions are required.

The Gu is not in compliance with two times, and the method and quality of the crime is not good.

Victims and their families seem to have suffered a lot of mental or physical pain due to the above crimes committed by the defendants.

The principal sentence imposed by the court below on the defendant shall be deemed to be the least sentence out of the scope of applicable sentences under the law, which has been sentenced to discretionary mitigation from statutory punishment (a life imprisonment or imprisonment for not less than five years) for the instant crime, and it shall not be deemed that the period of suspended sentence for three years is too excessive in light of the period of imprisonment.

In addition to these circumstances, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc.