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

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

A. The punishment sentenced by the court below (two years of imprisonment with prison labor (two years of suspended sentence) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine each of the grounds for unfair sentencing by the Defendant and the prosecutor.

After the defendant has been sentenced to a suspended sentence of imprisonment due to rape in 2008, there is no record of criminal punishment other than the punishment of a fine imposed once due to the violation of the Road Traffic Act.

However, the crime of this case is deemed to have been committed by the Defendant at night by opening a door door of the victim’s house and entering the front door of the party, and then cutting the victim saw through the toilet window. As a result, the victim appears to have been faced with a considerable apprehension and fear of fear by the peace of residence, the victim was not able to be able to wear away from the victim, and other circumstances that are the sentencing conditions indicated in the record, considering the need for security measures that appear in the specific form of the Defendant’s act and the circumstances after the crime, etc., the court below’s decision to suspend the execution of imprisonment for 2 years without any specific security measures, when sentenced the Defendant for 10 months, is unreasonable.

Therefore, the defendant's argument is without merit and the prosecutor's argument is with merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

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 319 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 of the Criminal Act: