The judgment of the court below is reversed.

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

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

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The judgment below denied the crime by the defense that was not consistent with the objective situation and that was hard to obtain, and the circumstances after the crime are not good.

On the other hand, the injured person was not punished against the defendant, and the defendant was in the first instance, and the injured person was deposited 3 million won as the truster.

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sexual conduct, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime, the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

【Grounds for another judgment】 The facts constituting a crime and summary of the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except for the addition of “1. Defendant’s trial testimony” to the column of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55 (1) 3, Mar. 1, 19

1. The decision on the grounds of appeal on the grounds of sentencing under Article 62(1) of the Criminal Act (i.e., the favorable circumstances as seen earlier) of the suspended sentence shall be made in the same manner as the disposition is rendered.