The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 80,000.

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 (amounting to 1.5 million won) is too unreasonable.

2. In full view of all the circumstances, including the Defendant’s age, sexual conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is somewhat unreasonable, in view of the following: (a) the Defendant was found to have committed the instant crime when it was in the first instance trial; and (b) the Defendant reached a smooth agreement with the victim when it was in the first instance trial; and (c) the Defendant’s age, sexual conduct, environment, motive and circumstance leading to the instant crime; and (d) other

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 the judgment in its entirety] The facts constituting a crime and the summary of the evidence admitted by the court below and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except for adding “1. The defendant’s statement in court (as of the second trial date)” to the summary of the evidence of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) 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.