The judgment of the court below is reversed.

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

1. The decision of the court below against the defendant on the summary of the grounds for appeal is too unreasonable (eight months without prison labor).

2. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, sexual conduct, environment, background, means and consequence of the crime of this case, circumstance after the crime of this case, family relation, etc., the sentence imposed by the court below is considered to be unfair and unfair, so the defendant's argument of sentencing is justified, since the defendant's punishment imposed by the court below is considered to be unfair, because it is unreasonable, in light of the circumstances unfavorable to the defendant, that the defendant was committed with severe punishment against the defendant, that the defendant led to the conviction of this case, that the defendant deposited KRW 5 million for the recovery of the victim's damage, that the defendant had no record of punishment for the same criminal offense of this case, and that there was no record of punishment for the same kind of crime.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again 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 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;