The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

A. The sentence imposed by the lower court (eight months of imprisonment, forty hours of order) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The crime of this case, which is judged, is committed by the defendant with physical abuse, such as forcing the victim's spouse to be tamped at the whole face or to be wraped to another child, which is not the mixed spouse, in light of the method and details of the crime, and the relationship with the defendant and the child, etc., that the crime of this case is not less complicated in light of the method and details of the crime, the crime of this case, and the fact that the victim suffered considerable physical and mental pain due to the crime of this case, and that the victim was living in the long-term childcare facility after this case, are disadvantageous to the defendant.

However, at the time of the trial of the defendant, both of the crimes in this case can be recognized and reflected, in the trial of the party, the defendant submitted a written application to the effect that the child victim B, who is the relative of the victim, was the wife of the defendant, prepared a letter to the same effect, the defendant must support his spouse and children, and the fact that the defendant has no record of being punished for the same kind of crime is favorable to the defendant.

In addition, comprehensively taking into account the following factors: Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the punishment sentenced by the court below shall be light.

It is judged that it is too unreasonable rather than that.

Therefore, the prosecutor's argument of unfair sentencing is without merit, and the defendant's argument of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is

An appeal by a prosecutor is groundless.