A defendant shall be punished by imprisonment for not more than ten months.

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

In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant has no criminal records of the same kind or imprisonment without prison labor or any heavier punishment, the court below's punishment is too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following is ruled again

Criminal facts

The summary of the evidence and the facts charged by the defendant, recognized by the court, and the summary of the evidence, are as stated in the corresponding column of the judgment of the court below, except for the alteration of the "1.1. the defendant's partial statement" to the "1.1. the defendant's oral statement" in the summary of the evidence of the judgment of the court below. Thus,

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision on the Grounds for Appeal);

1. Article 32 (1) 1 and (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Application for Compensation (the original trial dismissed an application for compensation in the original trial and applied for compensation again for the same reason);