A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

2. The judgment defendant is a first offender who has a deep depth of his mistake.

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 (40 days), the defendant's age, character and conduct, environment, the circumstances and details leading to the crime of this case, and the circumstances after the crime, etc., the punishment for six months sentenced by the court below is too heavy.

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 Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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