The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

Judgment

The defendant's snow that leads to the real name of the left side of the victim on the ground that the appraisal of the victim is not good is not good, and the motive for the crime is not good and the result is very serious, so the responsibility for the crime is not easy.

On the other hand, however, when the defendant was found to have committed the crime of this case, the victim does not want to be punished by mutual consent with the victim.

The crime of this case committed by the defendant was committed by reporting the victim who was frightly in a bath at the time.

Since the defendant was sentenced to a fine for fraud on January 7, 1975, he had no previous conviction for the defendant, he has lived faithfully without criminal records.

The defendant is elderly and is faced with difficult economic conditions as a beneficiary of basic living.

In full view of all the sentencing conditions, including the defendant's age, family relation, criminal record relation, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is unreasonable. Thus, the above argument by the defendant is justified.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

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. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;