The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable. The punishment (4 million won) imposed by the defendant is too unreasonable.

2. The degree of the injury suffered by the victim is not somewhat weak, and the non-agreement with the victim is disadvantageous to the defendant.

However, in full view of the favorable circumstances, such as the defendant's age, sex, environment, motive, circumstance, means and consequence of the crime, etc., the punishment imposed by the court below is too unfair, in light of the following circumstances: (a) the victim was spawned with a spathn, and it appears that the result of the above spathn was affected; (b) the defendant made an effort to recover damage by depositing approximately KRW 3,590,00 for the victim, etc., and other circumstances shown in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the 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. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order shall be determined as set forth in the Disposition for the same reasons as seen in the judgment on the above reasons for appeal.