The judgment of the court below is reversed.

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

except that, for two years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal is that the Defendant filed each appeal on the grounds that the lower court’s sentence is too unfied and unreasonable, on the grounds that the sentence imposed by the lower court (one hundred months of imprisonment and forty hours of order) is too unreasonable.

2. The crime of this case, which committed the crime of this case against the victim C, who is the defendant living together, committed an indecent act against the victim D while drinking alcohol with the victim D, who is the defendant living together with the victim D, and inflicted an injury on the victim C, and committed an indecent act against the victim C, and the crime of this case is very poor. Nevertheless, the defendant does not have a good condition after the crime of this case, such as denying the entire crime from an investigative agency to the court of the court below, and failing to have an attitude of reflect, etc., and the punishment power for violent crime has reached several times and was sentenced to the punishment for rape, which is disadvantageous to the defendant.

However, when considering the circumstances favorable to the defendant, such as the defendant's family relation, family relation, criminal records, character and conduct, environment, means and method of crime, motive and circumstance of crime, etc., and the result of the application of sentencing guidelines of the Sentencing by the Sentencing Committee, it is recognized that the sentence of the court below is inappropriate because it is somewhat unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is delivered after oral argument since the defendant's appeal is justified.

As long as an appeal by a public prosecutor is groundless, but is reversed by accepting the appeal by a defendant, the appeal by a public prosecutor is separately made.