The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court (one year and four months of imprisonment) is too unreasonable.

B. Prosecutor: The lower court’s sentence is too unhued and unreasonable.

2. The fact that the amount of damage caused by the instant crime is not significant is disadvantageous to the Defendant.

On the other hand, the following conditions are favorable.

The defendant reflects his fault in depth.

There is no record that the defendant was punished for the same crime.

In the first instance, the victim agreed to pay damages in installments, and the victim agreed to pay damages in full, and in accordance with the agreement, the total amount of KRW 80 million was compensated.

In addition, the court below's punishment is somewhat inappropriate because it is recognized that the defendant's argument is reasonable, since various sentencing conditions shown in the records and arguments of this case, such as the background of the crime of this case, the age of the defendant, sexual conduct, environment, etc., and the scope of the recommended sentences according to the sentencing guidelines of the Sentencing Committee (the scope of the recommended punishment) / In general fraud / [the scope of the recommended punishment] is comprehensively taken into account the mitigation area (10 million won or more, 50 million won or less) (10 months to 2 years and 6 months), the mitigation area (10 months to 500 million won) / [the special mitigation person] the punishment exemption area or considerable damage is recovered. Thus, the defendant's argument is without merit.

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 as follows after pleading.

Criminal facts

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

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);