A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

2. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record, including the fact that the victim does not want criminal punishment by mutual consent with the victim when the defendant was in a trial, and the defendant did not have any record of punishment in excess of a fine due to the same kind of crime, etc., the lower court’s punishment seems to be unreasonable because it appears that the defendant’s allegation of unfair sentencing is unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922, Feb. 4, 2020); Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922, Feb. 4, 2020) among concurrent criminal offenders, the pertinent provision on criminal facts; Articles 37(1)2 and 50 of the Criminal Act concerning discretionary mitigation of punishment; Articles 53 and 55(1)3 of the Criminal Act concerning discretionary mitigation of punishment; Article 62-2 of the Criminal Act concerning an order to attend education under Article 62(1) of the Act on the Suspension of Execution of Article 5(1)3