The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The instant crime was committed by the Defendant through several times using a trust relationship with the victim, and the crime is not good in light of the details and details of the crime.

However, the fact that the defendant recognized the crime of this case, the decision of the court below was rendered and only agreed with the victim after the decision of the court below was rendered, and the victim does not want the punishment of the defendant, the defendant does not have any criminal records exceeding the same kind of criminal records and fine, and the defendant's health status is not good.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means and consequence of the crime, various sentencing conditions shown in the instant pleadings, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's argument 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 judgment below is ruled again after pleading as follows.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances as determined in the above 2.1) (the scope of recommendation) of the suspended sentence [the scope of recommendation] under the mitigated area (one month to one year), (the person subject to special mitigation] under the mitigated area (one month to one year), or where considerable damage was restored (the decision of sentence is rendered] under the sentence, and the punishment is determined as ordered in accordance with the reasons for sentencing as determined in the above 2.2.