The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Along with the seized ELS observers 2 telephone card.

1. The crime of this case in determining the allegation of unfair sentencing by both parties is likely to cause a sense of shame of the victim, taking pictures and videos, and using them to rape the victim several times, and taking money, and there is a need for a strict punishment for the defendant due to bad quality of the crime.

However, in light of the Defendant’s age, character and conduct, family environment, motive, means, method and consequence of the instant crime, etc., as well as all the sentencing conditions indicated in the records and arguments, such as the circumstances before and after the instant crime, the lower court’s imprisonment (six years of imprisonment) is deemed unreasonable, and thus, the Defendant’s assertion is reasonable and without merit.

2. 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 it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence admitted by this court are as follows: (a) the summary of the evidence in the judgment of the court below, with the exception of the phrase “part of the defendant’s court statement” and “court statement in the trial of the defendant,” the corresponding columns of the judgment of the court below are as stated in the corresponding columns of the

Application of Statutes

1. Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); Article 350(1) of the Criminal Act; Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply); Article 276(1) of the Criminal Act (amended by Act No. 11556, Dec. 18, 201); Articles 276(1) of the Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply mutatis mutandis.