A defendant shall be punished by imprisonment for six months.

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

2. The judgment of the court below is too unreasonable in light of all the sentencing conditions stated in the records and arguments of this case, including the defendant's age, sexual conduct, environment, family relationship, motive, method of crime, and circumstances after the crime, etc., where the defendant first committed a crime and reflects the defendant, and the defendant paid 4.4 million won to the victim before the prosecution, and part of the damage was recovered by residing in the apartment of this case for a considerable period of time without paying the victim's rent, and the defendant paid 20 million won in addition, and the injured person does not want the punishment of the defendant.

3. Accordingly, the prosecutor’s improper assertion of sentencing is without merit, and the defendant’s improper assertion of sentencing 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.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);