The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. In light of the following: (a) the gist of the grounds for appeal by the defense counsel (unfair sentencing) is against the mistake of the defendant; (b) the fact that the defendant had no intention to commit the crime of deceptiveation from the beginning; and (c) supporting the mother, the lower court’s sentence that sentenced six months of imprisonment is too unreasonable.

2. In light of the fact that the defendant's mistake is against the judgment, the damaged person was recovered to the injured person and the injured person expressed his/her intention that he/she does not want the punishment of the defendant, the defendant has no record of criminal punishment, the motive and background of the crime of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character and behavior, and the environment, the above argument of the court below is justified, since it is judged that the punishment of the court below is unfair.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the stated in each corresponding column of the judgment of the court below, and thus all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant Article of the Criminal Act and the fraud of the judgment of the choice of punishment against the crime: Article 347 (1) of the Criminal Act and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reversal as mentioned above);

1. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the application for compensation of this case by an applicant for compensation is not appropriate to issue an order for compensation because the existence or scope of the liability for compensation of the defendant is unclear;

Since it is recognized, it shall be dismissed)