The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The gist of the grounds for appeal by the defendant is that the court below's punishment (one year of imprisonment) is too unreasonable. The gist of the prosecutor's appeal is that the prosecutor's appeal is improper because the above punishment of the court below is too uneasible.

2. The defendant's liability for the crime of this case is not easy in light of the following: (a) the degree of damage is significant, such as that the victim seems to have suffered severe damage due to the crime of this case; (b) the defendant was unable to get used from the victim; (c) the victim was shot of severe punishment against the defendant; and (d) the defendant was punished by a fine due to the same kind of crime.

However, in full view of the following facts: (a) the defendant has recognized his mistake; (b) the defendant has no record of punishment other than that prior to the above fine; (c) the defendant deposited 60 million won as damages for the victim when the defendant was in the trial; and (d) the defendant's age, character and conduct, motive and manner of the crime; and (e) other various sentencing conditions specified in the records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

(1) In light of the above legal principles, a prosecutor’s appeal is without merit, but is without merit, and the judgment of the court below is reversed, and thus, it shall not be dismissed separately from the judgment of the court below. In light of the above legal principles, the facts constituting a crime and the summary of evidence recognized by the court and the summary of evidence are as stated in 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;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances in determining the grounds for appeal in the above case) is as follows.