A defendant shall be punished by imprisonment for one year.

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

2. The accused does not have any previous error, and his mistake is divided.

In the trial, the parties agreed with the victim.

In full view of all the circumstances that have been detained for a considerable period of time (not less than six months), the sentence of imprisonment of the court below for a year is too heavy, taking into account the following circumstances: the Defendant’s age, character and conduct, environment, the developments and details leading to the instant crime, and the circumstances after the crime.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of grounds for reversal);