A defendant shall be punished by imprisonment for four months.

2. The fact that the judgment defendant has a past record of criminal punishment over several occasions is disadvantageous to the defendant.

However, when comprehensively considering the defendant's age, sexual conduct, environment, background, means and consequence of the crime of this case, circumstances after the crime, family relationship, etc. as shown in the argument of this case, the defendant's punishment sentenced by the court below is considered to be unfair and unfair, and thus, the defendant's improper assertion of sentencing 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, and the judgment below is ruled again as follows.

【Grounds for another judgment】 The facts constituting the offense against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 subparagraph 1 of the relevant Act and Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving, Selection of Imprisonment), Article 366 of the Criminal Act, Article 239 (1) of the Criminal Act (the occupation of each letter of apology), Article 239 (2) and Article 239 (1) of the Criminal Act (the occupation of each letter of apology), Article 239 (2) of the Criminal Act, and Article 152 (1) of the Road Traffic Act (the occupation of each of the above investigations) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;