Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

A. The court below found the defendant guilty on the ground that the defendant, at the victim's request, brought a storm, etc., and brought a female clothes, etc. against the victim's will, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. The following facts and circumstances acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: ① The victim asked from the investigative agency to the court of the trial at the entrance by asking whether or not the defendant has high water, and called the victim with an empty bottle located near the entrance; the defendant made a statement that he had the victim's clothes, etc.; ② the contents of the statement are concrete and consistent; ② even based on the defendant's statement, the victim seems to have talked about " Byung" to the defendant (the 13th day of the trial records and the 29th day of the investigation records); ③ The victim appears to have changed " Byung" (the 29th day of the investigation records and the 29th day of the investigation records); ③ The victim's entrance and the clothes, etc. with the victim's entrance and the victim's clothes, etc. ④ The victim's right to see the victim's oral statement and the facts charged by the defendant, and there are no reasonable grounds to recognize that the victim's clothes or clothes of the defendant could be found.

shall not be deemed to exist.

Therefore, this part of the defendant's assertion is without merit.

3. Sentencing.