The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal is too heavy in the lower court’s punishment (ten months of imprisonment, two years of suspended execution, observation of protection, and community service order 80 hours).

2. Although the Defendant had a record of criminal punishment for the same kind of crime several times, the Defendant committed the instant crime, and the method of committing the crime also leads to the victim’s face, and the crime is not good.

However, the Defendant appears to perform cleaning work through the current “H regional self-support center” program. However, considering the characteristics of the above occupation, it is likely that the Defendant may restrict the opportunity for the Defendant to live as a normal social person when performing community service order imposed by the lower court.

With the smooth agreement with the victim, the injured party wishes to take the defendant's wife.

The Defendant led to confession and reflect on the crime of this case.

In addition, considering the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is somewhat heavy.

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 judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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. Article 62-2 of the Criminal Act on the observation of protection;