A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

2. The instant crime was committed in a systematic manner with accomplices, and the Defendant’s leading was unfavorable.

On the other hand, however, the court below's punishment is too unreasonable in light of the following facts: (a) the defendant was found to have committed the instant crime, (b) the defendant did not have any criminal record for the same kind of crime; (c) the defendant deposited 3 million won for the recovery of damage in the past; and (d) the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and other various sentencing conditions specified in the pleadings of the instant case, such as the defendant's age, sex, environment, motive and circumstance after the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence admitted by the court and the summary of the evidence are identical to the corresponding column of the judgment of the court below, except for the alteration of “1. The Defendant’s partial statement” to “1. The Defendant’s oral statement” in the summary of the evidence of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 356, 355 (1), and 30 of the Criminal Act ( comprehensively referred to as “selective of imprisonment”) concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions in favor of the various circumstances as mentioned in paragraph (2) of the same Article);