A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering that the nature of the instant crime is not significantly good, strict punishment against the Defendant is necessary.

However, in light of the fact that the defendant is living a prison life for about five months, there is no previous conviction or fine in depth for the defendant, the defendant does not want the punishment of the defendant in agreement with the victim in the trial of the party, and the damaged person does not want the punishment of the defendant in other circumstances, such as the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, the court below's punishment is too unreasonable. Thus, the above argument by the defendant is reasonable, and the prosecutor's above argument is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the 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. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;