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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (the suspension of execution in four months of imprisonment with prison labor, one year, and forty hours of sexual assault treatment programs) is too unreasonable.
2. The judgment was based on the following: (a) there was a reason to impose unfavorable punishment, such as the fact that the victim was deemed to have suffered considerable mental impulses due to the instant crime and the Defendant’s behavior; (b) however, there was a bad mental impulses; (c) the Defendant, who was in a trial, withdraws his assertion of misunderstanding the facts and legal principles; and (d) made a confession of the crime; (d) the degree of the prosecution was not hot; and (e) the Defendant was paid under the pretext
30 million won shall be reverted to the victim in a fixed manner and shall be reverted to the victim again, and it seems to have been recovered from mental impulses, such as submitting a written application for a written application for a written application for a written application for a written application for a written application for a written application for a written application for a written application for a written application for a written application for a written application for a written application for a written application for a written application for a defendant's wife twice in the first instance trial. A more favorable reason for sentencing, including the fact that only one fine has been imposed before about 20 years prior to the previous conviction, the defendant's work for an agricultural cooperative for about 30 years in the case of the defendant, has been faithfully engaged in his parliamentary activities since 206, and the suspended execution of his imprisonment or its enforcement is confirmed in the case of this case, the defendant's former sentence (five million won in the penalty) of the prosecutor, the victim also expressed in the written application for a written application for a written application for a written application for a written judgment by the defendant that the defendant continued his parliamentary activities, the defendant's age, family relationship, economic situation, circumstances and motive.
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
Criminal facts recognized by this court as well as the summary of the evidence shall be as stated in the judgment below.