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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
The defendant shall be 40 hours.
Reasons
1. Summary of the grounds for appeal and the sentencing (in cases of original trials, one year and four months of imprisonment, two years of suspended execution, one year of probation, and 40 hours of taking courses);
2. In full view of the circumstances favorable to the Defendant, including the fact that the Defendant had no record of punishment exceeding the same kind of punishment or fine, etc. in light of the circumstances favorable to the Defendant, the Defendant’s liability for the crime of this case was heavy, and the victim’s test was not received up to the trial, as well as the sentencing conditions under Article 51 of the Criminal Act, the amount of punishment imposed by the lower court is too unreasonable, taking account of the following factors: (a) the amount of punishment imposed by the lower court is too unreasonable.
Therefore, we accept the prosecutor's argument of sentencing and light.
3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Discied Reasons for the judgment of the court below] The summary of facts and evidence admitted by this court is as shown in the corresponding column of the judgment of the court below, except for the case where the defendant's partial statement of the defendant (a statement to the effect that the defendant was satisfying at a temporary site) was changed to "fact 1" in Section 2 of Section 3 of the judgment of the court below, "No. 12-13" in Section 11 of the judgment of the court below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant Article 283(1) of the Criminal Act, Article 298 of the Criminal Act, and Article 298 of the Criminal Act, the choice of imprisonment for a crime
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. An employment restriction order;
(a) Employment restrictions, such as institutions related to children and juveniles: The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
(b) Welfare facilities for disabled persons;