A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

2. Considering that the defendant's decision was reached in the trial after the judgment of the court below and reached an agreement with the victim, the sentence imposed by the court below is deemed unfair.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Discied Judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence and the summary of the evidence are as stated in the corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act: A remedy order under Article 25 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning the Application for a Compensation Order in Consideration of Grounds for Destruction is a system that intends to order the compensation of the defendant only when the scope of the defendant's liability for compensation is evident, thereby promoting the recovery of damage to the victim simply and promptly. According to Article 25 (3) 3 of the Act on Special Cases Concerning Special Cases Concerning the Compensation of the defendant, if the existence or scope of the defendant's liability for compensation is unclear, the remedy order shall not be issued, and in such case,

(see, e.g., Supreme Court Decision 96Do945, Jun. 11, 1996). In light of the above legal principles, it is recognized that the Defendant and the victim agreed smoothly between the Defendant and the victim in this case, but the scope of liability for compensation that the Defendant owes to the applicant for compensation has not been clear.

Therefore, this case is subject to a remedy order.