The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than nine months and a fine not exceeding 600,000 won.

The above fine shall be imposed on the defendant.

Summary of Grounds for Appeal

The punishment of the lower court (one year of imprisonment and a fine of 600,000 won) is too unreasonable.

2. In full view of the following circumstances: (a) agreement with the victim C was reached at the trial for determination; (b) the Defendant recognized the instant crime and opposed to the mistake; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; and (d) circumstances leading to the sentencing conditions indicated in the record, such as the circumstances after the commission of the crime, the lower court’s punishment is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and the summary of the facts constituting the crime and the summary of evidence are the same as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 350(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(3)1 of the Punishment of Minor Offenses Act, Article 3(3)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 347(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act (the selection of imprisonment with prison labor and the selection of fines) concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes (limited to the crimes that violate the Punishment of Minor Offenses Act);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;