The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for eight months.

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

1. The decision of the court below against the defendant on the summary of the grounds for appeal is too unreasonable (eight months without prison labor).

2. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, environment, background, means and consequence of the instant crime, circumstance after the instant crime, family relation, etc., that the Defendant’s death was disadvantageous to the Defendant, that the Defendant led to the Defendant’s confession of the instant crime, that the Defendant agreed to the victim’s bereaved family members at the time of the instant trial, that there was no record of criminal punishment, and that there was no other history of criminal punishment, the Defendant’s age, sexual conduct, environment, circumstances after the instant crime, family relation, etc., the Defendant’s punishment imposed by the lower court is deemed unfair, and thus, the Defendant’

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of favorable circumstances among the reasons for reversal as above);