The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The sentencing of the lower court (a fine of three million won) is too unhued and unfair.

Judgment

In light of the circumstances favorable to the defendant, such as the fact that the defendant made a confession of all of the crimes of this case and reflects the depth of the crime of this case, the crime of this case was committed to the victims by taking advantage of the victim's intellectual ability decrease, and the nature of the crime is very poor, the defendant has been subject to criminal punishment for a total of three times including the past punished twice in spite of his age, and the defendant has been subject to juvenile protective disposition for a total of four times. In particular, the defendant committed the crime of this case during the suspension period of execution after being sentenced to a suspension of execution of two years in December and February of the same kind of crime, in particular, during the suspension period of execution, after being sentenced to a suspension of execution of one year and two months in December of the same kind of crime, the motive and circumstance of the crime of this case, equity in punishment, other circumstances after the crime, defendant's age, character and behavior, environment, etc., it is deemed that the sentencing of the court below is somewhat inappropriate.

As the appeal by the prosecutor is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 350(1) of the Criminal Act, the choice of punishment for the crime, Articles 329 and 30 of the Criminal Act, and the choice of imprisonment with prison labor for each of the following reasons:

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the defendant among the grounds for reversal in the front);

1. Probation under Article 62-2 of the Criminal Act;