Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

2. The circumstances favorable to the defendant include the fact that the defendant led to the crime, that the defendant agreed with the victim, and that the defendant has no record of punishment exceeding the fine.

However, even though the Defendant was punished by a fine due to the occurrence of the same type of crime in around 2008, the Defendant again committed the instant crime, which is highly likely to be subject to criticism, and the victim ageed due to the Defendant’s act appears to have suffered a considerable serious shock. In addition, in full view of all the sentencing conditions, including the Defendant’s age, sex, occupation, occupation, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, the lower court’s punishment is deemed to be too uneasible and unfair, and thus, the Prosecutor’s assertion is reasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;