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 reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In full view of the circumstances and contents of the instant crime, the fact that the nature of the crime is not good in light of the background and content of the instant crime, the damage from the instant crime was not recovered at all, and the fact that the Defendant was not agreed with the victim, etc., the Defendant’s confession and reflects the instant crime, the frequency of the crime is not significant, the number of times of the crime is only one time, the Defendant did not have any history of criminal punishment, the Defendant’s failure to repeat the crime in the future, and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and behavior environment, circumstances before and after the instant crime, equity with the criminal punishment imposed by accomplices, etc., it is deemed unfair that the lower court’s punishment against the Defendant

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: Consideration of circumstances favorable to the defendant as seen earlier;

1. Article 62 (1) of the Criminal Act: The period of suspended execution shall be considered for repeated normal conditions favorable to the defendant as seen earlier;