The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The judgment of the court below is a favorable condition for the crime of this case to be committed in a non-discriminatory manner without any reason, including the fact that the defendant committed the crime of this case without any reason is not good for the victim to be committed, and that the victim's injury is serious, but it is against the victim's wrong recognition and reflect, the victims wished to be punished in excess of the fine, and there is no record of punishment for the defendant. Other factors such as the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, sexual behavior, environment, etc., and the scope of recommended punishment (6 months to three years) according to the sentencing guidelines of the Supreme Court and the sentencing guidelines of the Supreme Court Commission [the scope of recommended punishment] in the special area (6 months to three years] [special mitigation of punishment] [special mitigation of punishment]], and the victim's motive for the crime of this case to be punished. The defendant's assertion that the judgment below is too unfair and reasonable.

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.

Criminal facts

The summary of facts constituting a crime and evidence recognized by the court are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of statutes

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective 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;