A defendant shall be punished by imprisonment for not more than ten months.

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

A. The punishment sentenced by the court below to the defendant (ten months of imprisonment) is too unreasonable.

B. It is unreasonable that the prosecutor's sentence imposed by the court below against the defendant is too unfluent and unfair, and exempted the defendant from the disclosure notification order.

2. First of all, we examine the Defendant and the prosecutor’s argument of unfair sentencing.

The defendant, at the same time, committed an indecent act by force against the victim following the victim's right after his or her human life in the night, and committed several assaults against the resistance victim.

As a result, the victim suffered a big mental impulse and suffered a considerable mental suffering.

However, the defendant did not have the same criminal records, and recognized the crime of this case, and reflects his mistake, and the defendant's family members and family members want to leave the defendant's wife.

In the past, the defendant does not want the punishment of the defendant by mutual consent with the victim.

In addition, in full view of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, all the sentencing conditions as shown in the argument of the case, such as the circumstances after the crime, and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is reasonable, and without examining the remainder of the prosecutor's appeal, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is decided

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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. The examination of the suspended execution under Articles 53 and 55(1)3 and (2) of the Criminal Act;