The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal asserts that the defendant is too unaffortable due to the defendant's punishment (ten months of imprisonment with prison labor) of the court below, and the prosecutor asserts that it is too unaffortable and unfair.

2. In light of the frequency of the instant crime, method of the commission of the crime, amount of damage, etc., the fact that the crime is not good is unfavorable to the Defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant's mistake is recognized by the defendant, that the defendant has been smoothly agreed with the victim when the defendant was in the first instance, that there is no criminal history against the defendant, and that social ties between the defendant and the defendant seems clear.

When comprehensively considering the above circumstances and the sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, family relationship, environment, motive for committing a crime, and circumstances after committing a crime, the court below's punishment is unlimited and deemed unfair.

Therefore, the above argument by the defendant is reasonable, and the prosecutor's above argument 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, and the defendant's appeal is ruled again as follows (as long as the judgment of the court below is reversed on the grounds that the defendant's appeal is well-grounded, the prosecutor's appeal shall not be dismissed separately). [Judgment which is used again] The summary of facts constituting an offense and evidence acknowledged by the court is the same as that of each corresponding column of the judgment of the court below, and thus, it shall

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

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. The sentencing of Article 62(1) of the Criminal Act shall be determined as ordered by taking into account the various circumstances examined in the judgment of Article 62(2) of the Criminal Act with the reason for sentencing.