The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

Punishment (one million won of a fine) declared by the court below is too unhued and unfair.

Judgment

The fact that the defendant was the first offender and the defendant's unstable mental state seems to have affected the crime of this case is favorable to the defendant.

However, the crime of this case has been committed by the defendant for his minor reason and has been committed in his house, towards the victim, and faced with the victim, so that he was faced with her butt, so it is highly dangerous and is not good to commit the crime.

In addition, in full view of various circumstances shown in the records and pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the offense, the circumstances after the offense, etc., the punishment determined by the court below is somewhat low and unfair.

The prosecutor's argument is with merit.

As the appeal by the prosecutor 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 following is ruled again.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Punishment of the crime

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the choice of punishment;

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

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