The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 1,000,000) is too unreasonable.

2. The conclusion that the Defendant had a record of having been sentenced to a fine of KRW 700,00 for the same kind of crime in 2016 is disadvantageous.

However, in full view of the following circumstances: (a) the Defendant agreed with the victim in the first instance trial; (b) the victim’s injury is relatively heavy; (c) the Defendant led to the confession of all the instant crimes; and (d) the Defendant’s age, sexual conduct, environment; (b) motive and circumstance leading to the instant crime; and (c) circumstances before and after the instant crime, etc., the lower court’s punishment is too unreasonable.

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

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

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