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 one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (five million won of a fine) of the lower court is deemed unreasonable.

2. In light of all favorable circumstances, such as the circumstance leading up to the instant crime, means, degree of damage, relationship with the victim, circumstance after the crime, Defendant’s career, etc., the lower court’s punishment is deemed unreasonable, even if considering favorable circumstances, such as the Defendant’s absence of any specific criminal power, etc.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. Social service order under Article 62-2 of the Criminal Act;