The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The sentence of the lower court against the Defendant on the summary of the grounds of appeal (the penalty amounting to KRW 500,000) is too unreasonable.

2. The crime of this case, based on the judgment, is found to be disadvantageous to the Defendant, without taking measures such as returning one cell phone in which the Defendant was deprived of the victim. In light of the content of the crime, the crime is deemed to be less and less disadvantageous to the Defendant.

However, when considering the fact that the defendant made confession of the crime of this case when he was in the trial for the first time, and there is a profound economic difficulty, such as that the defendant lives as a recipient of basic living without good health conditions due to high blood pressure, etc., the defendant returned the damaged article of this case to the victim, there is no criminal history exceeding the fine against the defendant, and other all circumstances constituting the conditions for sentencing as shown in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., the sentence of the court below against the defendant is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to 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 “1. Defendant’s trial testimony” to “a summary of the evidence” column of the lower judgment, the summary of the facts charged and the evidence is as indicated in each corresponding column of the lower court’s judgment, and thus, they are cited pursuant to Article 369 of the Criminal

Application of Statutes

1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense, Article 360 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one-day conversion amount: 100,000 won);

1. Article 59 (1) of the Criminal Act (including the circumstances favorable to the defendant as seen earlier, etc.);