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

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

2. The judgment defendant has a record of being sentenced to a fine for the same kind of crime.

However, the defendant recognized his mistake and divided, and in particular, he paid part of the amount of damage to the victim and agreed with the victim.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, family environment, background of the crime, and circumstances before and after the 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 in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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 favorable circumstances among the reasons for the sentencing determined in the above paragraph 2 of the same Article) (the scope of the recommended sentence) where the mitigation area (one month to one year), the mitigation area (one month to one year), the mitigation area (special mitigation), the exemption area, or the recovery of considerable damage (the decision of the sentence) is determined as the disposition according to the reasons for the sentencing determined in the above paragraph 2 of the same Article.