We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 1,00,000 won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. In light of the fact that the defendant (unfair punishment) is against the defendant's wrong and the victim H's medical expenses are borne, the defendant's imprisonment with prison labor for one year, 40 hours, orders to complete sexual assault treatment programs (the first judgment), and fines of 2 million won (the second judgment) are too unreasonable and thus, each sentence of the court below that sentenced the defendant is unfair.

B. In light of the following: (a) the nature of the instant crime is not good; (b) the Defendant did not seriously reflect and appears to have inflicted secondary mental damage on the victims in the course of attempting to reach an agreement with the victims; and (c) the Defendant has a history of criminal punishment on several occasions for the same crime, the sentence of the first instance judgment is too unfasible and unfair.

2. Determination

A. The judgment of the court below as to ex officio destruction was consolidated in the trial, but the sentence of the court of first instance is imprisonment with prison labor, and the sentence of the court of second instance is different from each other as a fine, and the judgment of the court of second instance is not a case where the punishment of the court of second instance is maintained in the choice of punishment, and it is not a case where a single sentence is punished as a single sentence. Thus, the judgment of the court

Therefore, this paper examines the grounds for appeal against each judgment below.

B. The judgment of the court of first instance is against the defendant's wrong judgment, and the defendant deposited KRW 3,00,00 for the victim H in the trial, and the victim D expressed his intention not to be punished. In light of the motive and background of each of the crimes of this case, circumstances before and after the crime of this case, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character and behavior, environment, etc. as shown in the records and arguments of this case, the court below's punishment is deemed to be unfair, and the above argument is with merit.

However, this case is several times against the victim H who had a relationship with the defendant.