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

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

2. Although the damage caused by the instant crime was not minor, the Defendant is the primary offender, and the victim is satisfying his wrong in depth while making a confession of all the facts charged in the instant case, and the victim does not want the Defendant’s punishment under the agreement with the Defendant, taking into account all the circumstances that form the Defendant’s age, character and conduct, intelligence and environment, circumstances leading to the instant case, circumstances after the commission of the crime, and conditions for sentencing as indicated in the argument in the instant case, the sentence imposed by the lower court against the Defendant is somewhat unreasonable. Thus, the above argument by the Defendant

3. In conclusion, 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances stated in the grounds for reversal);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration favorable to the reasons for reversal);