The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

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

2. In full view of the following circumstances: (a) the Defendant agreed with the victim in the first instance trial; (b) the victim has no record of criminal punishment since 2010; and (c) the Defendant’s age, sexual conduct, environment; (b) motive and circumstance leading to the instant crime; and (c) circumstances before and after the instant crime, etc., the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the defendant's appeal is with merit. Thus, 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 the prosecutor's appeal is without merit, but the decision of the court below is reversed by accepting the defendant's appeal, and the decision of the court below is reversed, and it is not ordered to dismiss the appeal separately from the disposition). 【Grounds for the judgment which is used again, the summary of the facts constituting the crime and the evidence recognized by the court and the summary of the evidence are the same as the corresponding column of

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;