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The judgment of the court below is reversed.
Defendant shall be punished by a fine of 300,000 won.
The defendant does not pay the above fine.
Reasons
1. The summary of the grounds for appeal 1) The facts alleged by the misunderstanding of the legal principles are about public interest, and thus there is no illegality.
2) The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.
2. Determination 1) The Defendant has the same assertion as that asserted in the lower court.
The court below rejected the judgment on the argument under the title of the "judgment on the argument of grounds for illegality rejection".
Examining the lower judgment in comparison with records, Article 310 of the Criminal Act is not applicable since the Defendant’s alleged fact is false, and even if so, the Defendant believed that it was true.
Even if there is no reasonable ground to believe such a judgment of the court below that Article 310 of the Criminal Act does not apply, is justifiable.
Therefore, the defendant's misapprehension of legal principles is without merit.
2) The Defendant’s reputation was damaged by openly pointing out false facts regarding the determination of unfair sentencing.
On the other hand, there is an agreement with the victim when it comes to the trial, and there is no record of criminal punishment after 1984.
In addition, when comprehensively considering the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, sexual conduct, environment, etc. as shown in the records and arguments of this case, and the scope of recommended punishment according to the sentencing guidelines, the court below's punishment is too unreasonable, and the defendant's assertion is reasonable.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
【Grounds for the Judgment of the Court for Criminal Procedure】 The Criminal facts and summary of the evidence recognized by the court for criminal facts and summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, the Criminal Procedure Act is applicable.