A defendant shall be punished by imprisonment for not less than eight months.

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

2. The fact that the amount of damage to the crime of this case is not significant is that the defendant is disadvantageous to the defendant, or that the defendant confessions the crime of this case, that the defendant paid part of the amount to the victim at the court below, and that the defendant paid 65 million won to the victim under the pretext of agreement between the defendant and the victim at the court below as well as the defendant paid 65 million won to the victim under the pretext of agreement, and that the defendant paid 15 million won to the victim in installments. The defendant paid the above 45 million won to the victim, and submitted the document to the purport that the victim does not want the punishment of the defendant, that there was no record of punishment for the same criminal offense, and that there was no record of punishment for the defendant in the pleading of this case, and that the defendant's age, character, environment, circumstance, means and result of the crime of this case, circumstances after the crime, family relations, etc., the defendant's argument of unfair sentencing is justified, and therefore, it is therefore justified.

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.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime in the original judgment, and the summary of evidence is identical to each corresponding column of the original judgment. Thus, they are cited in accordance with Article

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);