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. It is recognized that the degree of injury of the victim in the board is not somewhat weak, that the victim requires the strict punishment of the defendant, etc., but the defendant is recognized as all of the crimes in this case, is in violation of depth, and even under difficult economic circumstances, the court below deposited 3.5 million won in the court below for the victim, and deposited 1.5 million won additionally in the court below for the victim, and there is no criminal record exceeding the fine sentenced to suspended execution due to the defendant's violation of the Public Health Act in 191, and there is no criminal record beyond the fine sentenced to suspended execution due to the defendant's violation of the Public Health Act in 191. The defendant has lived for about 3 months in this case, and considering the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., the court below's punishment is somewhat inappropriate.

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 summary of the evidence admitted by the court are as follows: 1. The defendant's oral statement is added to the summary of the evidence, except for the addition of the defendant's oral statement in the summary of the evidence, so it is identical to the corresponding column of the judgment of the court below.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

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

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