A defendant shall be punished by imprisonment for not less than eight months.

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

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment, 80 hours of order to complete the program) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. Under the judgment on the grounds of appeal, the Defendant and the prosecutor’s assertion of unreasonable sentencing also are examined.

In light of the circumstances favorable to the defendant, such as the background and method of the crime, etc. of the defendant in light of the crime in this case, there is considerable reason to view that the defendant's liability for the crime in this case is very heavy, and that the victim's mental suffering is expected to be considerable, but on the other hand, the defendant's punishment is contrary to the recognition of the crime in this case, the defendant has no criminal history, and it would be desirable to give the defendant an opportunity to make efforts for the welfare of the victim through education on the risk of child abuse by the victim, etc.

3. If so, the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again ruled after pleading as follows. The prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendant's appeal

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;