The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. In light of the gist of the grounds for appeal by the defense counsel (unfair sentencing) and the fact that the defendant recognized the error, etc., the lower court’s sentence that sentenced six months of imprisonment is too unreasonable.

2. In full view of all the conditions of sentencing as shown in the records and arguments of this case, such as the fact that the defendant was found to be erroneous and the fact that there was no record of punishment exceeding the fine, and the degree of assault and the defendant's age, sexual conduct, environment, degree of damage, motive and circumstance of the crime, etc., the court below's punishment is determined to be unfair as it is unfair, since it is judged that the above argument is reasonable.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant and the summary of the evidence are the same as the corresponding columns of the judgment below, except for the addition of the "1.1.1. the defendant's oral statement" to the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

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