A defendant shall be punished by imprisonment for six months.

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

2. In light of the means and methods of the instant crime, even though it is deemed that there is a high risk in light of the means and methods of the instant crime, the victim’s injury is not easy, it is recognized that the lower court’s punishment is too unreasonable in light of the following factors: (a) even though it is deemed that the Defendant was the first offender, and the Defendant appears to have an attitude against him; (b) contingent crimes and circumstances to be considered in the background of the crime; (c) the victim paid and agreed to pay KRW 10 million to the victim after the pronouncement of the judgment of the lower court; and (d) the victim does not want the Defendant’s punishment; and (d) other factors of sentencing as indicated in the records

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, on the grounds that the defendant's appeal is reasonable.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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