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 summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in August) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant agreed with the victim at the time of the trial; (b) the vehicle driven by the Defendant is covered by a comprehensive motor vehicle insurance; (c) the Defendant recognizes and reflects all of the instant crimes; and (d) the Defendant’s age, sexual conduct, environment, motive and circumstance leading to the instant crime; and (c) circumstances before and after the instant crime, etc., the sentence of the lower court is too unreasonable.

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 the defendant's appeal is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning criminal facts, and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.