A defendant shall be punished by imprisonment for six months.

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

2. As to the grounds for appeal, the Defendant had a record of being punished by a fine several times for the same kind of crime in the past, the total amount of damage caused by the instant crime reaches KRW 67 million, and the damage recovery has not been completed up until now is disadvantageous to the Defendant.

However, when the defendant was found to have committed a crime in the past and is divided, the defendant paid a total of KRW 29 million to the victim, including KRW 4 million at the court below, KRW 25 million at the court below and KRW 25 million at the court below, and the defendant suffers from Roc-Ba, etc., and health conditions are not good. The crime of this case occurred during the course of teaching the defendant and the victim under the premise of marriage, and all other sentencing conditions such as the defendant's age, sex, environment, circumstance of the crime, circumstances after the crime, etc. as indicated in the records and changes of this case are considered to be unfair.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and the case is remanded to the court below as follows.

[Re-written judgment] Criminal facts and the summary of the evidence acknowledged by this court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, with the exception that "1. Part of the defendant's statement in the court of first instance" is "1. The defendant's statement in the court of first instance" 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 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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. Determination of the grounds for appeal prior to the grounds for sentencing under Article 62(1) of the Criminal Act shall be made.