The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. An unfavorable circumstance is that the victim did not agree with the judgment.

However, in light of the favorable circumstances, such as the Defendant’s confession of the instant crime and his mistake in the first instance trial, and the fact that the Defendant deposited approximately KRW 27 million, which is the full amount of damage in the first instance trial, and the Defendant’s age, sexual conduct, occupation and environment, motive and circumstance leading to the instant crime, and all the other factors of sentencing indicated in the instant case’s records and changes, such as the circumstances after the commission of the instant crime, etc., the lower court’s punishment is deemed unfair, and thus, the Defendant’s assertion is reasonable.

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.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “the Defendant’s oral statement at the trial” to the column for the evidence, it is identical to each corresponding column of the lower court’s judgment; and (b) thus, it is cited by Article 369 of the Criminal Procedure Act as it is.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of favorable circumstances among the reasons for reversal as above);