Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

A. The lower court’s punishment (the amount of KRW 3 million, the amount of KRW 200,000 and the amount of KRW 24 hours) is too unreasonable.

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

2. The judgment is recognized that the defendant was involved in committing a crime and is repented, and there is no criminal record subject to punishment for the same crime.

However, in light of the nature of the crime of this case committed by the defendant who has explicitly expressed his intention of refusal at the main point in the management of the victim, and the nature of the crime of this case committed by the victim who continued to commit an indecent act is not less severe, and the victim is punished against the defendant, and the defendant did not take measures to avoid the victim, and all other sentencing conditions specified in the arguments of this case, including the defendant's age, sexual behavior, and environment, the sentence of the court below is too

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. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment that requires the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, contents and motive of the crime, the method and consequence of the crime, and seriousness of the crime.