A defendant shall be punished by imprisonment for six months.

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

2. The crime of this case is found to have been committed by the Defendant without any prosecutor who was subject to a disposition of charges in the relevant criminal case for winning C in the civil lawsuit against C. It is recognized that not only actively infringes on the function of the State’s criminal justice, but also the nature of the crime is not good for a serious crime that causes a person without suspicion to be subject to unfair criminal punishment, and that there has been an accusation of similar contents against the same person even before.

However, when considering the fact that the defendant was found to have committed the crime of this case and thus, the defendant violated his wrongness, while the crime of this case was committed as a person who was not subject to the prosecutor, in light of the contents of the complaint, it seems that the defendant was relatively low in risk of having been subject to criminal punishment, and that the person who was not subject to criminal punishment was the first offender who had no record of criminal punishment before the criminal punishment, the fact that the person was suffering from old and brain color, and that the health is not good, and other circumstances that form the conditions for the sentencing specified in the record, such as the defendant's age, environment, family relationship, occupation, and the background of the crime of this case, the sentence of the court below is unreasonable.

Therefore, the defendant's argument is justified.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are 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 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 157 of the Criminal Act for statutory mitigation;