The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for six months.

except that this shall not apply.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. In full view of all circumstances that form the conditions for the sentencing of this case as indicated in the record, including the Defendant’s age, sexual conduct, environment, background of the crime, circumstance after the crime, etc., the lower court’s punishment seems to be too unreasonable, and thus, the Defendant’s assertion is reasonable, inasmuch as it is too unreasonable, since the Defendant’s judgment on the Defendant’s assertion is too unreasonable, it is reasonable in light of the following: (a) the Defendant satisfied part of the amount of damage to the victim and agreed with the victim by paying the full amount of damage to the victim; and (b) the victim again expresses his intent that the injured

3. When the defendant, ex officio, files an appeal against conviction regarding the part of the compensation order among the judgment below, the compensation order pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, is transferred to the appellate court along with the defendant's case, and thus,

The court below ordered the applicant to pay 10,200,000 won to the applicant for compensation by accepting the applicant B’s application for compensation order. However, according to the records, it is recognized that the defendant fully repaid 16,20,000 won to the applicant for compensation, and thus, it constitutes a case where the existence of the defendant’s liability for compensation against the applicant is unclear and thus it is impossible to issue a compensation order. Thus, the part of the court below’s compensation order in its judgment

4. In conclusion, the part of the judgment of the court below regarding the defendant's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the part of the judgment of the court below regarding the compensation order is revoked pursuant to Article 33 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings,