A defendant shall be punished by imprisonment for not less than two months.

2. We examine the facts charged in this case, and there are circumstances such as the fact that the defendant recognized the facts charged in this case. The crimes in this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, which are concurrent crimes with the crimes stated in the judgment of the court below, and should consider equality in the case where the judgment is to be pronounced at the same time, but the defendant continues to agree with the victim or to repay damage to the court of the court of the court. Meanwhile, even though the defendant does not agree with the victim continuously from the investigation agency to the court of the court of the court of the court, the defendant is still unable to fully pay part of the damage amount. In particular, the defendant before the trial date was delivered several times on the grounds of agreement at the court of the court of the court below, and the defendant was detained more than 20 days, and the defendant was released from the court of the court of the court of the court of the court of the court of the first instance after being sentenced to a suspended sentence or deposit some part of the damage amount in the court of the court of the court of the first instance.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is well-grounded, and the following is again decided after pleading.

Criminal facts

As stated in each corresponding column of the judgment of the court below, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.