The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. The instant crime requires strict punishment for the Defendant, taking into account the following circumstances: (a) the Defendant entered a studio building; (b) opened a victim’s bath room and peeping the victim’s bath; (c) committed the instant crime during the period of suspended execution due to the Defendant’s act of violating the Punishment of Violences, etc. Act (a group, deadly weapon, etc.); and (d) the Defendant had the record of criminal punishment twice for the same crime.

However, the court below's punishment is somewhat unreasonable in consideration of all the sentencing conditions shown in the argument of this case, such as the defendant's age, character and behavior, family environment, etc., in light of the above circumstances and all of the sentencing conditions shown in the argument of this case, such as the fact that the defendant led to the confession of the crime of this case and the defendant's mistake, that the victim was not subject to punishment by mutual agreement with the victim, that the defendant suffers from alcohol respect and shock disorder, and that the defendant did not intrude upon the victim's house.

Therefore, the defendant's argument is justified.

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 it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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