The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In full view of the circumstances unfavorable to the defendant, or the fact that there is a significant amount of damage, and the fact that the defendant was punished due to the crime of attack, etc., that the defendant led to the confession of the crime of this case in the trial at the time, that the defendant agreed to the victim in the trial at the time, that the victims did not want the punishment, and that other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, background, means and result of the crime of this case, circumstances after the crime, family relations, etc., the punishment imposed by the court below is deemed unfair, and thus, the defendant's argument for sentencing is justified.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【The reasoning of the judgment in its entirety 【The facts constituting a crime and the summary of the evidence admitted by the court below,” and the summary of the evidence as to the facts constituting a crime and the summary of the evidence, are as stated in the corresponding column of the judgment of the court below, except where the court below’s “1. Defendant’s partial statement” as “the Defendant’s oral statement at the court of first instance” in the summary of the evidence of the court below. As such,

Application of Statutes

1. Relevant Article 350 (1) of the Criminal Act concerning the facts constituting an offense and Article 350 (1) of the Criminal Act concerning the selection of punishment;

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. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of favorable circumstances among the reasons for reversal as above);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;