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. In full view of the following circumstances: (a) the Defendant did not suffer bodily injury from the instant crime; (b) the Defendant made a confession of all the instant facts charged and reflects his mistake in depth while making a confession; (c) the victim does not want to be punished by the Defendant; and (d) the Defendant’s age, character and conduct, intelligence and environment; (b) background leading to the instant case; (c) circumstances leading to the instant case; and (d) circumstances subsequent to the instant case, which are conditions for sentencing specified in the instant argument, the sentence imposed by the lower court against the Defendant is somewhat unreasonable; and (e) 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 Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 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);

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

1. Social service order under Article 62-2 of the Criminal Act;