A defendant shall be punished by imprisonment for a term of one year and two months.

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

2. In full view of the arguments in this case and the reasons for sentencing indicated in the records, such as the confession of the facts constituting the crime in this case, the defendant's confession of the significant damage amount, compensation for the agreement with the victim by compensating for the significant damage amount, the violation of the mistake through confinement life exceeding 3 months, and the equality with the case of judgment at the same time as the final judgment becomes final and conclusive, etc., the judgment of the court below seems to be unreasonable, since the defendant's assertion of unreasonable sentencing is reasonable.

3. As such, the defendant's appeal is with merit. Thus, the decision of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

【Reasons for the Judgment of the court below, 【The facts constituting a crime and the summary of evidence admitted by the court,” and the summary of evidence, other than changing “1. The Defendant’s partial statement” to “1. The Defendant’s oral statement” in the summary of evidence, are identical to each corresponding column of the judgment of the court below. As such, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;