The judgment below

Part concerning the second crime in the judgment shall be reversed.

A fine of 4,000 for the crime No. 2 of the judgment of the defendant.

1. Each sentence of the court below against the defendant as to the summary of the reasons for appeal (the first sentence as to the court below's holding: the fine of 4,000,000 won, the second crime as to the court below's holding: the imprisonment of 4 months and the suspended execution of 2 years) is too unreasonable.

2. Determination

A. It is reasonable to respect the sentencing conditions compared to the first instance court’s judgment on the crime No. 1 in the judgment of the lower court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Taking into account the circumstances favorable or unfavorable to the Defendant, as stated in the lower court’s detailed statement, including the Defendant’s age, sexual behavior, environment, family relationship, motive for the crime, method and consequence of the crime, etc., even if considering the circumstances that the Defendant led to the confession of this part of the facts charged (a assault) at the trial of the lower court, it cannot be deemed unfair as it is too unreasonable compared to the extent of the Defendant’s act and responsibility that the lower court imposed on the Defendant.

Therefore, the defendant's argument of sentencing is without merit.

B. We examine the judgment on the crime No. 2 of the judgment below as to the crime of this case as to the crime of this case as to the crime of this case as to the crime No. 2 of the judgment of the court below, which has instigated the defendant to investigate the private life of H, and therefore, the crime

However, considering the fact that the defendant led to the confession of the crime of this case and reflects the mistake in depth, that it is necessary to consider equity with the case where the defendant was tried together with the crime of injury, such as the crime of injury that the defendant had already become final and conclusive, and that taking into account all other circumstances, such as the defendant's age, sexual conduct, environment, etc., the punishment of the court below against the defendant is too unreasonable.

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

3. If so, the defendant's appeal against the first crime as stated in the judgment of the court below is groundless, and thus, the Criminal Procedure Act is applicable.