The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for three months.

1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.

2. The Defendant committed the instant crime, even though he/she committed a repeated crime under the same law, there is an unfavorable circumstance, such as committing the instant crime.

However, in light of the following: (a) the Defendant appears to have mistakenly recognized and reflected the Defendant’s mistake; (b) the amount of damage in this case did not exceed the amount of damage; (c) the victim did not want to be punished by the Defendant upon agreement with the victim; and (d) the Defendant appears to have mental problems, such as proof of alcoholic content; and (c) the Defendant’s age, sexual behavior, environment, circumstances of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is somewhat heavy.

The decision is judged.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the Defendant’s appeal is well-grounded.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 330 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;