The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The punishment (six months of imprisonment) sentenced by the first instance court on the gist of the grounds for appeal is too unreasonable;

2. The Defendant committed the instant crime at a disadvantage to the Defendant, including the fact that the Defendant had the same record of fine twice, and committed the instant crime during the suspension of execution due to the same kind of crime.

However, considering the various circumstances, including the defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, it seems that the sentence of the first instance court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is accepted.

3. As the defendant's appeal is accepted, the judgment of the first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.

[Discied Judgment] The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts constituting a crime in the judgment of the court of first instance, and the summary of evidence is identical to the facts constituting a corresponding column of the judgment of the court of first instance. Thus, they are

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 (General Considerations in favor of the defendant in the first sentence);