The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. Although the Defendant was not guilty, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty of the facts charged in the instant case.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

Judgment

A. According to the evidence duly admitted by the lower court as to the assertion of mistake of facts or misapprehension of the legal doctrine, the Defendant’s mistake of facts or misapprehension of the legal doctrine is not justified.

B. Circumstances favorable to the unfair argument of sentencing: The victim appeared as a witness in the court of original instance and expressed his intention not to punish the defendant.

Unfavorable circumstances: The defendant does not show a consistent and contradictory attitude that is difficult to accept.

The defendant is subject to the suspension of sentence due to the obstruction of the execution of official duties.

Considering the above favorable circumstances, the Defendant’s age and character environment, including the unfavorable circumstances, the relationship with the victim (in particular, the age of the victim), the motive means of the crime, the circumstances after the crime, etc., as well as the sentencing conditions indicated in the present arguments and records, the sentence imposed by the lower court is too unreasonable.

There is no reason to believe that the sentencing of the defendant is unfair.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as there is no reason to appeal.