A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

2. In light of the following facts: (a) the Defendant used a non-discriminatory violence against the victim; (b) the Defendant’s responsibility for the instant crime is not somewhat weak; (c) the Defendant was under considerable circumstances to suspect his identity and the relationship between the victim and the victim; (d) the victim was also responsible for the formation of such circumstances; (c) the victim was submitted in the first instance upon agreement with the victim; (d) there was no penalty history heavier than the Defendant; and (e) the Defendant is against the instant crime, the lower court’s punishment is unreasonable.

3. According to the 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 well-grounded, and the following is ruled again after pleading.

[Re-written judgment] The summary of facts constituting a crime and evidence acknowledged by this court is as follows, except where "D" as "O" under Article 1 of the facts constituting a crime of the judgment below, and thus, it is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;