The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below does not have the same record even though the defendant committed a crime of this case several times, and there is no record other than the confirmation prior to the suspended execution under the latter part of Article 37 of the Criminal Act as stated in the judgment of the court below. The above confirmation prior to the judgment of the court below and the crime of this case should be taken into account in the sentencing of the case where the above confirmation and the crime of this case are concurrently judged. The defendant committed a crime of this case in the first instance, it is against the defendant's depth and wrong, and the victim paid 27 million won to the victim and agreed smoothly with the victim. The victim wanted to take advantage of the defendant's wife, and all the sentencing conditions specified in the records and arguments, including the defendant's age, occupation, family relation, personality and conduct, motive and circumstance of the crime, circumstances after the crime, sentencing guidelines, etc., are considered as inappropriate.

I would like to say.

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.

Criminal facts

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

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered in light of the favorable circumstances in the grounds for reversal);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;