The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

The summary of the grounds for appeal shall be sentenced to the penalty (the first instance court shall be punished by imprisonment for eight months)

2. In full view of the following facts: (a) the Defendant was found to have been guilty for the first time in the trial; and (b) the Defendant was admitted to the victim’s test; (c) there was no record of criminal punishment in the past; and (d) other factors of sentencing prescribed in Article 51 of the Criminal Act, the lower court’s punishment is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered after pleading.

[Discied Reasons for the Judgment] Criminal facts acknowledged as a member of a criminal history shall be as stated in the corresponding column of the judgment of the court below.

(Article 369 of the Criminal Procedure Act). Application of the Criminal Procedure Act No. 369 of the gist of the evidence to the defendant

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act: Imprisonment;

1. Article 62 (1) of the Criminal Act;