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

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

2. Although the degree of injury suffered by the victim was not somewhat weak, there is a disadvantage to the defendant. However, in full view of the fact that the court below deposited KRW 7 million for the victim, there was no record of being sentenced to more severe punishment than the fine, the fact that the crime in this case was committed, and other factors such as character and conduct of the defendant, the environment, the background of the crime in this case, and the circumstances before and after the crime, etc., the court below's punishment is somewhat unreasonable.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

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

1. Social service order under Article 62-2 of the Criminal Act;