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 court below is too inappropriate.

2. Considering that the nature of the instant crime is not good, strict punishment against the Defendant is necessary.

However, the court below's punishment is too unreasonable in light of the following factors: the defendant has been living in custody for a approximately three-month period; the defendant has no previous conviction or fine exceeding the same kind of crime or fine; the defendant has paid part of the amount of damage to the defendant when he was in the court; the defendant has agreed with the victim; the sentencing balance with the same crime; the defendant's age, character and environment; the defendant's age, character and conduct, motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to 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 admitted by the court are as follows: the facts charged and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for the addition of “1. Defendant’s trial statement” after the second page 14 of the judgment of the court below, so they are quoted as they are in accordance with

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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