A defendant shall be punished by imprisonment for a term of one year and two months.

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

2. The crime of this case in light of the method of crime and the scale of damage, etc., the nature of the crime of this case is not less complicated.

However, in full view of the fact that the defendant recognized the facts of crime in the trial of the party, the defendant did not have any record of criminal punishment except for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 1999, etc., and the damage caused by the crime of this case was recovered considerably. After the conclusion of pleadings at the trial of the party, the defendant agreed with the victim, and other various sentencing conditions such as the defendant's age, sex behavior, environment, and circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and the case is remanded to the court below as follows.

[Re-written judgment] Criminal facts and the summary of the evidence acknowledged by this court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, with the exception that "1. Part of the defendant's statement in the court of first instance" is "1. The defendant's statement in the court of first instance" in the summary of the evidence of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Prior to the grounds for sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account the various factors of sentencing as seen in the judgment on the grounds for appeal.