The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one hundred months of imprisonment, etc.) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The instant crime is deemed to have committed an indecent act against the victim by forcing the victim to commit the instant crime by deceiving the victim’s chest and fluor, attracting the victim, etc. at night. In light of the circumstances leading up to the instant crime, the content of the crime, and the part of the indecent act, etc., the criminal liability is heavy.

The victim has suffered considerable mental impulse and pain due to the crime of this case, and the defendant's severe punishment is sought.

However, the defendant recognized the crime of this case in the appellate trial, and shows his attitude to reflect his mistake.

It also tried to recover damage to the victim.

(However, as a result of the sentencing investigation, the victim did not want to reach an agreement and could not recover from the damage). There is no criminal record exceeding the same criminal records or fine.

In addition, considering the defendant's age, environment, family relations, motive of crime, means and result of crime, all of the sentencing conditions shown in the argument of this case, such as the circumstances after the crime, the sentencing of the court below against the defendant is deemed unfair.

The defendant's assertion of unfair sentencing is justified and the prosecutor's assertion of unfair sentencing is without merit.

3. 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.

(1) In the event that an appeal by a public prosecutor is groundless, but the original judgment is reversed by accepting the appeal by the defendant, the prosecutor does not dismiss the appeal separately from the order). 【Reasons for the judgment rendered in multiple cases】 Criminal facts and summary of evidence recognized by the court are the same as stated in the corresponding column of the original judgment, and thus, it is true in accordance with Article 369 of the Criminal Procedure