The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten 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 (10 months of imprisonment, 80 hours of order, confiscation) ordered by the prosecutor by the court below is too unhued and unfair.

B. The above sentence sentenced by the court below is too unreasonable.

2. On the other hand, even though the nature of the crime of this case is less than that of the public prosecutor and the defendant's respective arguments about the unfair sentencing of the defendant, the prosecutor's argument is without merit, and the defendant's argument is without merit, in light of the following circumstances: (a) the defendant recognized all the facts charged in this case and reflects his mistake in depth; (b) the defendant was smoothly agreed with the victim during the trial; (c) the defendant did not have any criminal record exceeding the same kind or fine; (d) the defendant was detained by the crime in this case; and (e) the defendant has lived for a long time with the defendant; and (e) other records and arguments, such as the defendant's age, sexual behavior, environment, etc.,

3. As such, the prosecutor’s appeal is without merit, but the defendant’s appeal is with merit. Accordingly, 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 ( insofar as the appeal by the defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed separately). The summary of criminal facts and evidence acknowledged by the court is as follows: (a) the facts constituting the crime of this case and the summary of the evidence are as follows: (b) the “violation of the Punishment of Violences, etc. Act (Habitual Intimidation)” in Article 3 of the facts constituting the crime of the court below; (c) the “Defendant 2015.” in the 3th page 9 of the judgment below as the “Defendant 2015.”; and (d) the “from 17:59 to 179” in the 3th page 17 of the judgment below as follows; and (d) the same shall be cited in the pertinent criminal case as prescribed in Article 96 of the Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;