The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. The lower court’s sentence (four months of imprisonment, one year of suspended execution, and 80 hours of community service order) on the summary of the grounds of appeal is too unreasonable.

2. The fact that the defendant committed the crime of this case without giving a net appraisal even though he/she had a record of punishment several times for the same crime is disadvantageous.

On the other hand, the defendant deposited KRW 700,00 for the victim in this court, and the extent of violence is relatively insignificant.

In addition, when considering all the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc. as shown in the records and arguments of the instant case, and the scope of recommended punishment according to the sentencing guidelines, the lower court’s punishment is deemed unfair because it is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again ruled as follows.

【Grounds for a new judgment】 The facts constituting the crime recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria [the range of recommended punishment] is minor for assaulting in the mitigation area (one month to eight months) (a person subject to special mitigation] of one month;

2. Prior to the decision of sentence, the sentencing conditions in paragraph 2 above shall be taken into account and the sentence shall be determined as per the order.