A defendant shall be punished by imprisonment with prison labor for four months.

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

2. In light of the fact that the applicable method of the instant crime was inadequate and the degree of damage of the victim was not minor, the Defendant’s responsibility is not minor.

However, the defendant is in profoundly against his own criminal act, and the victim does not want the punishment of the defendant by mutual consent with the victim.

Considering these circumstances, the sentence of the court below is deemed unfair.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. In light of the reasons for sentencing, such as the Defendant’s age, character and conduct, environment, etc., and the sentencing conditions as shown in the instant records and arguments, the sentence as indicated in the Disposition shall be determined by comprehensively taking into account the following circumstances: (a) Articles 32(1)3 and 32(2) and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the scope of liability for compensation is unclear as agreed with the applicant