A defendant shall be punished by imprisonment for six months.

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

2. Considering the fact that the crime of this case is not good and that the defendant committed the crime of this case again even though he had a previous conviction in several times, strict punishment against the defendant is needed.

However, considering the following factors: (a) the Defendant was living in custody for a period of three months during which he/she has been detained in depth; (b) the Defendant agreed with the victim; (c) the Defendant has not been convicted of a fine exceeding the Defendant; and (d) the Defendant’s age, sex and environment; (b) the motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the arguments in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment against the Defendant is too unreasonable; and (d)

3. In conclusion, the judgment of the court below is reversed in accordance with 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column 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 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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