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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five days.
Reasons
1. Sentencing sentencing on the gist of reasons for appeal
2. The lower court determined a sentence by taking into account the favorable circumstances, that the degree of disturbance is not easy, that is disadvantageous to the fact that there are many punishment records, that the Defendant led to confession, reflects, and that the Defendant appears to require treatment and support for committing a crime under the influence of alcohol.
In addition, the circumstances revealed in the trial of the party, i.e., that the defendant is employed in the company and works in good faith; that if the sentence of the court below is executed, there is a high risk of losing jobs if the defendant fails to return to the society, and that if considering the defendant's age, sexual conduct, motive, means and consequence of the crime; and the sentencing conditions such as the defendant's age, sexual behavior, motive, means and consequence of the crime; the sentence of the court below is unreasonable (the defendant can not be sentenced to a fine heavier than the penal detention in this case where the defendant appealed only on the ground of appeal, but the principle of prohibition of disadvantageous change is not applicable). 3. Accordingly, the defendant's appeal is reasonable, and the judgment of the court below is reversed and it is again decided as follows after pleading pursuant to Article 364 (6) of the Criminal Procedure Act.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act on the Punishment of Minor Offenses and consideration of the circumstances that were incurred prior to the reasons for sentencing (elective detention) under Article 3(3)1 of the Punishment of Minor Offenses Act concerning the crime;