Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

2. Considering that the nature of the instant crime is not good and that the Defendant has the same criminal record, strict punishment against the Defendant is necessary.

However, the defendant's mistake is divided in depth through the life of confinement for about two months, and if the defendant's imprisonment is finalized after a suspended sentence is imposed, the defendant's imprisonment for three years which has been invalidated and suspended after the suspended sentence is additionally imposed. This seems to be excessively harsh in light of the circumstances of the crime of this case and the nature of the crime of this case. Considering the balance in sentencing with the criminal of this case, the defendant's age, sex and environment, motive, means and consequence of the crime of this case, conditions of sentencing specified in the arguments of this case such as the defendant's age, sexual behavior and environment, motive, means and consequence of the crime of this case, the court's punishment against the defendant is too unreasonable, and the above assertion by the defendant is reasonable.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in 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. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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