The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. Although the amount of damage in this case exceeds KRW 100 million, and there are disadvantageous circumstances such as the fact that the defendant has been punished several times for the same kind of crime, the defendant's assertion is reasonable, since it is somewhat harsh to sentence the defendant on the ground that the defendant's punishment is imposed, considering the fact that the victim does not want punishment by agreement with the victim, that the defendant's health status is not very good, and all the sentencing conditions in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, etc.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: (a) except for the addition of “the Defendant’s trial testimony at the court below” to the column for the evidence, the same is identical to each corresponding column of the court below’s judgment; and (b) thus, they are cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act, each choice of imprisonment for a crime;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (whether or not an applicant for compensation has been liable for damage under an agreement between the defendant and the applicant for compensation in the first instance);