The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes and reflected in the judgment, and that the court below deposited 5 million won for the victim, and additionally deposited 5 million won at the court below for the victim.

However, the Defendant had been punished for the suspension of the execution of imprisonment with labor for the same kind of crime, the amount of damage was not so much, and the victim did not agree with the victim. In full view of the circumstances leading up to the Defendant’s severe punishment, the circumstances after the crime, the Defendant’s age, sexual behavior, environment, etc., the lower court’s punishment is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in 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. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;