The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The 6-month imprisonment sentenced by the court below is too unreasonable.

2. The fact that the Defendant recognized the facts charged in this case and reflects the depth thereof, the Defendant was the first offender without any previous conviction, the Defendant appears to continue to endeavor to recover damage, such as paying the victim a sum of KRW 3 million in the original trial and KRW 7 million in the original trial, even under difficult economic circumstances, and the Defendant’s position to support his mother and his family members, and taking into account all the sentencing conditions specified in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, family relationship, circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

2. Article 62 (1) of the Criminal Act;

3. Article 62-2 (1) of the Criminal Act regarding community service order;