A defendant shall be punished by imprisonment for two years.

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

2. In light of various circumstances, including the fact that the victim does not want the punishment of the defendant by mutual consent with the victim during the appellate trial and the fact that the defendant does not have the same criminal records, and other circumstances, including the defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, the punishment sentenced by the first instance court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is accepted.

3. Conclusion, pursuant to Article 364(6) of the Criminal Procedure Act, the judgment of the first instance is reversed, and the following judgment is rendered after pleading.

Since the criminal facts of the defendant and the summary of the evidence recognized by the court are the same as the entries in the corresponding column of the judgment of the court of first instance, it shall be admitted 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. Article 62 (1) of the Criminal Act (Special Cases concerning Circumstances, etc. favorable to the defendant stated in the preceding two paragraphs);