The judgment below

The part concerning the crime of the 2017 order order 1209 order is reversed.

Defendant 2017 High Order 1209.

1. The main prosecutor and the defendant asserts that the court below's punishment (4 months of imprisonment, 2 months of imprisonment) is too minor or unreasonable.

2. Determination

A. As to the crime of the 2017 Highest 1209 case, the Defendant recognized this part of the crime at the trial of the party, and against it, the Defendant paid 3 million won to the victim E in the trial of the party, thereby recovering the substantial part of the actual damage suffered by the victim, and the equity should be taken into account in the event that the judgment is rendered concurrently with the crime of the previous offense finalized on May 13, 2016 in the holding, and taking into account the Defendant’s age, sex, environment, motive, means and consequence of the crime, and all of the sentencing conditions and all of the sentencing conditions indicated in the instant arguments and records, such as the circumstances after the crime, are too heavy.

The decision is judged.

B. In the instant case where there is no change in the sentencing conditions that may be specifically considered in the trial against the crime of the 2017 High Order 3028 case, considering the following circumstances, the Prosecutor and the Defendant’s assertion on this part cannot be accepted in entirety, in light of the Defendant’s age, sexual conduct, environment, health condition, family relationship, motive, means and consequence of the crime, etc., as indicated in the records, and the circumstances constituting the conditions for sentencing, such as the Defendant’s age, sexual behavior, health condition, family relationship, motive and means of the crime, and the circumstances after the crime.

3. In conclusion, the Defendant’s appeal against the crime in the 2017 order order 1209 case is with merit. Accordingly, pursuant to Article 364(6) of the Criminal Procedure Act, the part concerning the crime in the 2017 order order and 1209 order of the judgment of the court below is reversed, and the public prosecutor and the Defendant’s appeal against the crime in the 2017 order and 3028 order shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

[Judgment of the court below as to the crime of the 2017 Highest 1209 case] among the judgment below, the summary of the facts constituting a crime and evidence.