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. In full view of the favorable circumstances, such as the Defendant’s recognition of and reflects on the Defendant’s crime, the victim’s revocation of the complaint against the Defendant, even though there were several previous cases, the Defendant’s age, character and conduct, environment, motive, circumstance, means and consequence of the instant crime, and other various sentencing conditions indicated in the instant case, including the circumstances before and after the instant crime, the sentence of the lower court is excessively 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.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited 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. The reason for the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] The mitigated area (one to one year), the mitigated area (one hundred million won or less), the mitigated area (one to one year), or the recovery of considerable damage (whether suspended execution is suspended or not) of the Criminal Act - The main reason for the suspended sentence is that the amount of substantial damage is considerably small, or that considerable damage is recovered, the decision not to punish [the decision not to punish] if the positive damage is considerably small, or that considerable damage is recovered, the punishment is determined as ordered in accordance with the reason for the sentencing determined in Article 62(2) of the Criminal Act.