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

The above fine shall not be paid by the defendant.

2. In full view of the following circumstances: (a) there are multiple criminal records against the Defendant; (b) there are no criminal records for the same kind of crime; (c) the Defendant has been repented in depth and reflected in the instant crime; (d) the victim currently living together with the Defendant and promised to report the marriage when the relationship was adjusted; and (e) the Defendant’s wife is strongly boomed; and (e) the Defendant’s age, sexual conduct, environment, relationship with the victim; (e) motive and circumstance leading to the instant crime; and (e) circumstances before and after the instant crime were committed, the lower court’s punishment is too unreasonable.

3. As such, the defendant's appeal is with merit, and 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 again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 276 of the Criminal Act concerning the facts constituting an offense and Article 276 (1) of the Criminal Act concerning the selection of punishment;

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.