The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. Even though the Defendant had already been convicted of the same kind of crime, the Defendant again committed the instant crime. This is an unfavorable circumstance to the Defendant.

However, the defendant recognized the crime of this case and is against the law.

The defendant paid 80,000 won to the victim for the first time, and agreed to do so.

The degree of injury suffered by the victim is relatively easy.

This is the circumstances favorable to the defendant.

In full view of such circumstances as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime in this case and the arguments, the sentence of the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. On the grounds as examined in the judgment on the unfair argument of sentencing prior to the reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, the sentence shall be determined as per the disposition.