Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

2. The judgment is an unfavorable circumstance to the defendant, such as the fact that the defendant has been punished several times due to the same kind of crime, and the victim's damage has not been recovered.

However, in full view of all the sentencing conditions, including the defendant's age, sexual conduct, environment, motive, means and consequence, and circumstances after the crime, the sentence of the court below is too unfair because it is too unreasonable, considering all the following factors: (a) the defendant has no record of criminal punishment exceeding the fine; (b) the defendant has no record of criminal punishment; (c) the degree of violence is not serious; (d) the defendant has circumstances to be taken into account in the course of the crime of this case; and (e) the defendant has difficulty in economic conditions as a recipient of basic livelihood security for the disabled of class 5 with delay disability;

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the grounds for sentencing of the provisional payment order shall be determined in full view of the various circumstances as ordered.