The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

1. Summary of grounds for appeal;

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

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

2. In full view of the following facts: (a) the process and method of the instant crime was extremely poor; and (b) the mental impulse suffered by the victim seems to be very serious, strict punishment is required.

However, in full view of various sentencing conditions indicated in the record, including the Defendant’s age, character and conduct, health, career, home environment, motive and means of the crime, and circumstances after the crime, the lower court’s imprisonment for 6 months is somewhat unreasonable, which sentenced the Defendant to imprisonment with prison labor, is somewhat unreasonable.

The defendant's assertion of unfair sentencing is justified and the prosecutor's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act (as long as the defendant's appeal is accepted and the judgment of the court below is reversed, the prosecutor's appeal is not dismissed separately from the order)

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and the summary of the evidence and the criminal facts recognized by the court are identical to the facts of the judgment below, and thus, the summary of the evidence is identical to each corresponding column of the judgment of the court below.

Application of Statutes

1. Article 283 (1) of the Criminal Act applicable to the crimes;

1. Grounds for reversal prior to the reasons for sentencing under Article 62(1) of the Criminal Act are considered.