A defendant shall be punished by imprisonment for not less than eight months.

A. The sentence of the lower court (two years of the suspension of the execution of October, the protection observation order, and the community service order 120 hours) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The judgment of the court below is unfair in view of all the sentencing conditions shown in the arguments of this case, including the defendant's age, sexual behavior, environment, etc., when the defendant committed a crime, and there is no criminal record of being punished for the same kind of crime, and the defendant deposited KRW 10 million to the victim D. However, the court below's punishment is too unreasonable considering the following factors: (a) the crime of this case committed by the defendant through repeated assault or intimidation of the victim D, taking advantage of cellular phone, etc. by repeatedly assaulting or threatening the victim D; (b) as if the defendant was pretended to be D; (c) the victim D was not recovered; and (d) the victim D was punished for the defendant; and (d) the victim D was willing to do so

3. Accordingly, 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 the following is ruled after pleading.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 350(1) of the Criminal Act regarding criminal facts, each of the choice of punishment (the points of conflict, the choice of imprisonment), Article 347(1) (the point of fraud, the choice of imprisonment), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (the point of exercising the above investigation documents, the choice of imprisonment), Article 347-2 of the Criminal Act, Article 352 and Article 347(1) (the choice of imprisonment, etc.) of the Criminal Act, each of the following provisions

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;