A defendant shall be punished by imprisonment for not less than five months.

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment has a majority of the criminal records of the defendant with the same kind of crime, and the defendant did not know even during the repeated crime due to the same crime, and the facts that each of the crimes of this case abused the characteristics of the Internet transaction secret, etc. and the nature of the crime is not good, it is necessary to consider the changes in circumstances such as the defendant's circumstances unfavorable to the defendant or the defendant's confessions and reflects the defendant's crimes, and the defendant paid a considerable amount of damages to the victims, especially in the case where the defendant paid additional damages to the victims, etc., and the court below's punishment is somewhat inappropriate in light of various sentencing conditions shown in the records and arguments such as the defendant's age, sexual behavior, environment, motive for the crime, size of damages, and circumstances after the crime. Thus, the defendant's assertion is without merit, and the prosecutor's assertion is groundless.

3. In conclusion, the judgment of the court 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 ruled again after pleading as follows.

[Re-written judgment] The summary of the facts constituting an offense and the evidence is identical to each corresponding column of the judgment below, and thus, it shall be quoted 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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Prior to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the punishment as ordered shall be determined by taking into account the various circumstances as seen in the judgment on the reasons for appeal, prior to the sentencing of Article 50 of the Criminal Act.