The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal appealed from the lower court’s punishment (one year and two months of imprisonment) so far as the Defendant was so unfasible, and the Prosecutor appealed from the lower court’s punishment so unfased so that the Defendant was unreasonable.

2. The judgment that the defendant has already been punished three times due to a violation of the Road Traffic Act (drinking driving) is an unfavorable condition to the defendant.

However, the court below's punishment is too unreasonable since it is too unreasonable, given that the defendant's error is recognized as a whole, and the defendant's argument is justified in light of the defendant's age, sexual conduct, environment, motive and consequence of the crime, circumstances after the crime, etc.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of causing danger driving, the choice of imprisonment), Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the occupation of drinking alcohol driving, the choice of imprisonment), Articles 342 and 330 (the occupation of attempted larceny of intrusion at night) of the Criminal Act, Article 314 (1) of the Criminal Act (the occupation of interference with business, the selection of imprisonment), Articles 152 subparagraph 1, 43 (the occupation of unlicensed driving, the selection of imprisonment), Article 260 (1) of the Criminal Act (the occupation of assault, and the selection of punishment) of the Road Traffic Act;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;