The judgment of the court below is reversed.

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

Summary of Grounds for Appeal

The sentence of the court below (one year and two months of imprisonment) is too unreasonable.

Judgment

In light of the Act on the Number of Crimes in this case, the degree of injury suffered by the victim, etc., the victim did not reach an agreement with the victim until the court of the trial, and the damage was not recovered. However, it is recognized that the defendant made confession and reflects the crime in this case at the time of the trial, the defendant did not have any record of being sentenced to punishment for the same kind of crime and of being sentenced to suspension of qualification or higher punishment, the defendant deposited 2 million won for the victim in the trial, and all other sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the crime are considered to be somewhat inappropriate. Thus, the defendant's assertion is reasonable.

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 based on its reasoning, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment below except for adding "1.1. The defendant's oral statement in the court below" to the summary of the evidence. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;