The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for four months.

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

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (four months) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. The crime of this case is found to be committed in this case without being aware of the fact that the defendant, who was a taxi driver, committed the crime of this case without being aware of the fact that the defendant committed the crime of this case during the period of suspension of execution due to the violation of the Labor Standards Act, and the fact that the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case during the period of suspension of execution due to the violation of the Labor Standards Act, as well as the fact that he committed the crime of this case without being aware of the fact that he committed the crime of this case, and that the injury level and degree of the injury are significant.

However, in consideration of the fact that the Defendant led to the confession of the crime, and there is no record of being punished for the same crime, that the harming vehicle has joined the taxi mutual aid association, that the victim and the victim have agreed smoothly at the time of the trial, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's argument is justified, while the prosecutor's argument is without merit.

3. As such, the defendant's appeal is with merit, and 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 decided as follows after pleading (Provided, That as long as the judgment of the court below is reversed due to the defendant's ground for appeal, the prosecutor's appeal shall not be dismissed separately). Criminal facts acknowledged by the court and the summary of evidence are the same as that of the judgment of the court below.