The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

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

2. The judgment is likely to have assaulted the victim even before committing the instant crime, and there are disadvantageous circumstances, such as the gravity of assault and injury.

However, considering all of the sentencing conditions, including the Defendant’s age, sexual conduct, criminal record, motive for the crime, situation before and after the crime, etc., the sentence of the lower court is too unreasonable, because it is too unreasonable, in light of the following factors: (a) the Defendant has no other criminal record except once a fine is imposed on the Defendant; (b) the Defendant acknowledges and reflects the Defendant’s mistake; and (c) the victim agreed with the victim and the victim

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the facts charged and the summary of the evidence in the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;