1. The judgment of the court below is reversed.

2. The defendant shall be punished by a fine of 3.5 million won.

3. The defendant does not pay a fine;

1. The summary of the grounds for appeal (e.g., both types of punishment) is too unreasonable.

2. We examine ex officio the defendant's grounds for appeal prior to judgment.

Since the prosecutor filed a motion to change the indictment in exchange for the facts charged at the trial court, and the subject of the judgment by this court was changed, the judgment of the court below cannot be maintained any more.

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above judgment of the court below is a ground for reversal of authority as seen above.

The facts of the crime and the summary of the evidence recognized by the court, and the summary of the evidence, are cited as it is in accordance with Article 369 of the Criminal Procedure Act, on the grounds that the first instance court’s judgment, except for the case where the “20:00 on December 21, 2014” (hereinafter “22:0 on December 21, 2014”) is the same as the judgment of the court below.

Application of Statutes

1. Relevant legal provisions concerning the facts of crime, Article 298 of the Criminal Act selection of punishment, and selection of fines;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed.

4. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

1. The conditions favorable to the defendant shall be as follows:

· there is no criminal history.

· received letters from the victim.

2. The circumstances disadvantageous to the defendant shall be as follows:

- In light of the circumstances, methods, etc. of the instant crime, the nature and circumstances of the instant crime are not provided against others.

- The court below seems to have been sentenced to a fine in consideration of various circumstances against the defendant, and there is no special change in circumstances to determine a punishment differently from the court below in the first instance.

3. The Defendant’s age, character and conduct, environment, and health are as follows: (a) the motive, means, and consequence of the instant crime; and (b) the Defendant’s age.