2. The lower court appears to have sentenced the Defendant to punishment by taking into account the favorable and unfavorable circumstances of the Defendant.

The defendant deposited two million won on behalf of the victim immediately before the date of adjudication of the trial court, but the defendant only deposited the money to compensate the victim for the loss properly.

In light of the crime of this case committed by the defendant, it is difficult to see that the damaged person receives the above deposit money and the guidance for the defendant is unclear, considering the circumstances favorable to the defendant, the degree of restriction should be limited.

In full view of the aforementioned factors, including both the motive, circumstance, and consequence of the commission of the crime, the circumstances after the commission of the crime, the Defendant’s age, sexual conduct, the record of punishment, etc., as well as the conditions of the sentencing, the statutory penalty, and the sentencing guidelines, the lower court’s judgment exceeded the reasonable bounds of its discretion.

There is no special circumstance that it is deemed unfair to maintain the judgment of the court below as it is, nor there is no special circumstance.

Therefore, the defendant's double punishment cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.