The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (2 million won in penalty) is too unreasonable.

2. The instant crime without prejudice is a crime that harms the nation’s criminal justice function and causes the risk of being subject to unfair punishment. Therefore, it is necessary to strictize it, and the Defendant did not agree with the victims.

However, in the past when the defendant was in the trial, the attitude of reflecting all of the crimes in this case is recognized, the fact that the defendant was dismissed at the investigation stage, and the accused did not have the criminal prosecution. The defendant did not have the same criminal history, there is no criminal record exceeding the fine, and there is no criminal record exceeding the fine, and the defendant seems to be in an economically difficult position.

In addition to the above circumstances, considering the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, etc., all of the sentencing conditions as shown in the records and arguments in this case, the sentence sentenced by the court below is deemed unfair.

3. As a result, the appeal by the defendant 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 after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is identical to the facts stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 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. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order