The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for forty hours.

1. Summary of grounds for appeal - misunderstanding of facts or misunderstanding of legal principles and improper sentencing

A. misunderstanding of facts or misunderstanding of legal principles 1) 2016 Highest 8514 Defendant did not have the intention to commit the crime of defraudation, and had the intent and ability to pay the drinking value.

2) The victim’s implied consent cannot be deemed to have been taken against the victim’s will, since the victim gave the victim’s implied consent in advance 2017 High Order 2608.

3) Since the Defendant provided sufficient personal security at the time of borrowing money from the damaged party, there was no criminal intent to acquire money.

B. The sentence sentenced by the lower court to the Defendant (three years and six months of imprisonment, and 40 hours of order to complete a sexual assault treatment program) is excessively unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below, all of the facts charged in this case are found guilty, and the court below did not err by misapprehending the legal principles or misapprehending the legal principles which affected the conclusion of the judgment.

B. Sentencing 1) The Defendant had been punished 25 times even before each of the instant crimes, and each of the instant crimes was committed during the period of repeated crimes.

2) In addition, the amount of damage caused by each of the instant frauds was not significant, and the damage amount (12 million won) among them was the largest victim R has not yet been recovered.

3) Meanwhile, each of the instant crimes is not highly well-grounded in the background, contents, means, and methods of the crime, and the attitude of the Defendant after the crime is not good.

4) When comprehensively considering the above sentencing conditions, it is impossible for the Defendant to render a suspended sentence for each of the crimes of this case committed during the period of repeated crime, as long as the Defendant’s choice of imprisonment is inevitable and imprisonment is chosen.

5) However, when the defendant was in the trial of the party, the victim I and M agree additionally with the victim I and M, and the above victims would be the defendant's wife.