The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant’s sentence imposed by the lower court is too unreasonable, given that there is no other criminal history other than the punishment imposed once due to the Defendant’s violation of the Act on Special Measures for the Control of Public Health Crimes; (b) the Defendant recognized the instant crime in the first instance trial; and (c) the victim has agreed to do so; and (d) the Defendant’s age, character, conduct, intelligence and environment; (b) motive and background, means, methods, and results of the instant crime; and (c) other circumstances that are conditions for sentencing, including the Defendant’s age, character and conduct, intelligence and environment; and (d) the circumstances before and after the commission of the crime

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 of this case is based on its reasoning, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment 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 and the choice of punishment for the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);