The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court rendered a sentence by taking into account the following: (a) the Defendant appeared to reflect the mistakes from the initial stage of the investigation; and (b) the Defendant had no previous convictions or criminal records of the same kind during the last ten years.

In light of the fact that the damaged police officers submitted a written agreement to request the punishment of the defendant to the minimum because the defendant had a strong apology, the degree of violence is not hot, and the defendant's age, sexual conduct, motive, means and consequence of the crime, etc. in light of the sentencing conditions of the court below, since the sentencing conditions of the court below change after the crime, the sentence of the court below is unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

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

Application of Statutes

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Consideration for sentencing prior to the reason under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order