A defendant shall be punished by imprisonment for one year.

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

2. The judgment defendant committed the instant crime even though he had the same criminal record.

However, the injured party does not want the punishment of the defendant by paying the damaged amount to the injured party in the trial.

It seems that the defendant has led to the crime of this case, and has been detained for about four months, and it seems that he/she is against the law.

There is no history that the defendant has been punished beyond a fine.

In addition, considering the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is somewhat heavy.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;