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

However, for a period of two years from the date this judgment becomes final and conclusive.

2. The judgment of the court below committed the crime of this case by submitting a written complaint that C had raped himself and committing the crime of this case. It is acknowledged that the crime of this case is a crime that injures the proper criminal justice of the State, has a high possibility of criticism, and that there is considerable need for strict punishment due to bad character of the crime, but the defendant has led to the confession of the crime in an investigative agency, reflects his mistake through a prison life for about two months between them, and the defendant has not been subject to actual criminal punishment; the defendant does not want to be subject to actual criminal punishment; the defendant wants C with the consent of the court below after the judgment of the court below was rendered; the defendant does not have any criminal record other than the disposition of suspension of indictment once due to the fraud; the defendant must rear his wife; the defendant's age, character and behavior; and all kinds of sentencing conditions, such as the defendant's age, character and circumstances before and after the crime, the defendant's argument that the sentence of the court below is inappropriate is justified.

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.

Criminal facts

The summary of the facts charged and the evidence admitted 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. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153 and 55 (1) 3 (Confession) of the Criminal Act for statutory mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;