The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is deemed to be unfair in light of all the conditions of the arguments and the records of the instant case including the following: (a) the Defendant’s age and behavior environment; (b) relationship with the victim; (c) the details and contents of the instant crime; and (d) the circumstances after the instant crime, etc., were considered to be too unreasonable in light of the following: (a) the Defendant was unable to punish the Defendant by mutual consent with the victim; (b) the Defendant had an opportunity to reflect the Defendant’s wrongness through confinement life for a period of two months; and (c) the degree of injury

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Reasons for Judgment] Criminal facts and the summary of evidence recognized by the court below and the summary of evidence are identical to each corresponding part of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;