The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one month of imprisonment, confiscation, and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. It is recognized that the Defendant taken the sound of the victim and committed a crime of putting the victim’s photograph into the E-raying room by the Defendant and the victim’s scam, and that the nature of the crime was very bad, due to the crime of this case, the victim suffered a big mental impulse enough to think of suicide, and in light of the relationship between the sender transmitted the above photograph and the victim, etc., the victim appears to live in the future for a long time.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the Defendant paid KRW 20 million to the victim in the first instance trial; and (c) the victim did not want the punishment of the Defendant; (b) the Defendant was the first offender and relatively old; and (c) other circumstances that form the conditions of sentencing specified in the pleadings of the instant case, such as the character and conduct of the Defendant, the lower court’s sentence is unreasonable.

Therefore, the defendant's above assertion 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 reversed and the case is remanded as follows.

Criminal facts

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

Application of Statutes

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. thereof;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: