A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

2. The fact that the Defendant’s wage, etc. unpaid due to the instant crime is a considerable amount of KRW 4 million is disadvantageous to the Defendant.

However, in full view of the fact that the facts charged in the instant case are recognized and against the victim, the first offender, the first offender, and other circumstances shown in the records and arguments of the instant case, such as the Defendant’s age, sexual conduct, environment, motive or circumstance of the crime, and the circumstances after the crime, the punishment sentenced by the court below is too unreasonable.

3. As such, the defendant'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 defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and the choice of fines;

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;

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order shall be determined as set forth in the Disposition for the same reasons as seen in the judgment on the above reasons for appeal.