The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The defendant does not pay the above fine.

1. The summary of the grounds for appeal appealed from the lower court’s punishment (three years of suspended sentence in April) so far as the Defendant was so unfased, and the Prosecutor appealed from the lower court’s punishment too unfasible and unfair.

2. The fact that the criminal law used by the defendant is dangerous is that it is disadvantageous to the defendant.

However, considering the following circumstances: (a) the Defendant’s previous conviction was 25 years prior to the date of the instant crime; (b) the victim was not injured; (c) the Defendant was aware of and reflects his fault; and (d) the Defendant’s age, sexual conduct, environment, motive and consequence of the instant crime; and (c) other circumstances revealed in the arguments in the instant case, such as the circumstances after the commission of the instant crime, the Defendant’s argument is reasonable as it is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to 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. Articles 261, 260(1) (a) of the Criminal Act applicable to the crime, Articles 369(1), 366 (a), and 366 (a) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act concerning the crime;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;