The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and ten months.

Seized evidence No. 1 shall be confiscated.

Summary of Grounds for Appeal

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

Judgment

The crime of this case was committed by the defendant who has a great harm to society, and the means and method of committing the crime are very good in light of the contents of the attack.

It seems that the victims suffered emotional distress due to the crime of this case, and the crime of Bosing is serious and serious punishment is needed due to personal and social harm.

Considering this point, the sentence of the defendant is inevitable.

However, the defendant has no record of criminal punishment in the Republic of Korea, recognize the crime of this case, and repents his mistake.

In the trial of the party, the defendant paid 2 million won to the victim B, and the victim B does not want the punishment of the defendant.

Such circumstances are considered in light of the circumstances favorable to the defendant.

In addition, in full view of the Defendant’s age, nationality, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the instant records and the trial process, such as the circumstances after the crime, the sentence of the lower court is somewhat inappropriate.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【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 Article 350(1) and Article 30(1) of the Criminal Act, the choice of punishment for the crime, Articles 350(1) and 30 of the Criminal Act, Articles 352, 350(1), and 30 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Confiscation Article 48 of the Criminal Act