The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The 6-month imprisonment with prison labor declared by the court below is too unreasonable.

2. The judgment below's punishment is too unreasonable because it is judged that the defendant's punishment is too unreasonable in light of the following factors: (a) the defendant has both acknowledged the facts charged in this case and reflects the depth thereof; (b) there is no criminal conviction or sex offense against the defendant; (c) the defendant has agreed with the victim; and (d) the defendant has been living a prison life for more than two months in this case; and (e) other conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, family relationship, and circumstances after the crime.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the arguments are followed again.

Criminal facts

The summary of the facts constituting a crime and the gist of the evidence admitted by the court is as follows: (a) except for the addition of “1. Defendant’s oral statement” to the column of the evidence, the same as the corresponding column of the judgment of the court below. As such, it is cited by Article 369 of the Criminal Procedure Act as it is.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 298 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Where a conviction on a sex crime subject to the registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, exemption from the disclosure or notification order of personal information.