A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

2. Although the degree of injury caused by the instant crime is heavy, considering the following circumstances: (a) the Defendant did not have the same criminal record; (b) the Defendant has reached an agreement with the victim at the time of the trial; and (c) the Defendant’s age, character, conduct, environment, family relationship, criminal record, circumstances after the instant crime, and motive and circumstance of the crime; and (b) the sentence imposed by the lower court is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court 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 of the suspended execution ( Taking into account the favorable circumstances in the preceding reason for reversal);