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.

The sentence of the lower court (eight months of imprisonment) is too unreasonable.

Judgment

In light of the Act on the Acceptance of Crimes and the Number of Damage, etc. of this case, it is deemed that there is no significant nature of the crime, and that there is the history of punishment for the same kind of crime, but it is recognized that there is a confession and reflect of the defendant's crime of this case, that the defendant agreed smoothly with the victim at the time of the trial, that there is no record of punishment more than suspension of qualification, and that there is no record of punishment more than suspension of qualification, and that there is no other punishment conditions such as the defendant's age, character and conduct, environment and circumstances after the crime. Thus,

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 based on its reasoning, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are identical to 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. 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. Article 62 (1) of the Criminal Act (i.e., confession and reflective nature);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;