Defendant shall be punished by a fine of 12,000,000 won.

The above fine shall not be paid by the defendant.

2. The Defendant needs to strictly punish the instant crime by finding the victim again during the suspended execution period due to special robbery, etc. against the victim.

In addition to the instant case, the Defendant spawn the drinking spawn or interfered with the operation of the victim several times.

The defendant has been punished on 15 occasions by a fine for violent crime, on 2 occasions by a suspended sentence of imprisonment, on 5 occasions by imprisonment, and on 3 times by a fine for interference with business.

On the other hand, the victim was not punished for the defendant, and the defendant was detained for a period equivalent to the sentence sentenced by the court below and was released by revocation of detention.

On September 24, 2015, the Defendant was sentenced to a suspended sentence of three years and six months for a crime such as special robbery against the same victim. In light of the criminal facts of this case and the criminal facts of the judgment of the suspended sentence, it seems that the suspended sentence on the ground of this case is too harsh.

In full view of the above circumstances and other factors, the sentence imposed by the court below against the defendant is somewhat unreasonable, taking into account the following factors: the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.

Therefore, the defendant's argument is justified.

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.

【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 thus, the gist of evidence is identical to each of the corresponding columns of the judgment below. Therefore, Article 369 of the Criminal Procedure Act applies.