We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. The first deliberation penalty (4 months of imprisonment) of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The judgment amounting to 45 million won, the defendant repaid a total of 25 million won before the judgment of the court of first instance was rendered, and the defendant paid additional KRW 17.5 million in the judgment of the court of first instance and agreed to do so with the victim. The defendant is divided and against the crime of this case, the defendant has no record of punishment for the same crime, and the crime of this case must consider equity in the case of judgment simultaneously with the crime of violation of the Act on the Protection of Juveniles from Sexual Abuse of the Child and Juveniles from whom the judgment has become final and conclusive, etc. In full view of all other circumstances, including the defendant's age, sex, criminal conduct, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, etc., the punishment of the court of first instance sentenced to the judgment is deemed unfair because it is excessively excessive.

Therefore, the defendant's argument of sentencing is justified.

3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the first instance court is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting a crime and evidence recognized by the court is identical to the corresponding column of the judgment of the court of first instance. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act (see, e.g., Circumstances favorable to the defendant stated in the above 2.);