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

The above fine shall not be paid by the defendant.

Punishment (1.5 million won of a fine) declared by the court below is too unhued and unfair.

Judgment

The defendants recognize all their mistakes.

The defendant seems to have difficulty in economic situation as a recipient of basic living benefits.

However, the crime of this case was committed by the Defendant around 20:30 by intrusion upon the victim’s residence where the victim is living alone, and the crime of this case is not less exceptionally in light of the Defendant’s act’s fear of fear and apprehension.

On June 21, 2018, the Defendant was sentenced to a suspended sentence of two years and four years on the grounds of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, but was sentenced to a suspended sentence during the period of a suspended sentence, and became aware of the instant crime.

The defendant was unable to reach an agreement with the victim up to the trial of the case.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive, content, means and consequence of the crime, and all of the sentencing conditions as shown in the records and arguments, such as the circumstances after the crime, the sentence imposed by the lower court is too uneasible and unfair.

The prosecutor's assertion of unfair sentencing is justified.

As the prosecutor's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 5 million won;

2. The sentencing criteria are not applicable as the sentencing criteria have been selected as fine is not yet applicable.

3. Sentence;