The judgment of the court below is reversed.

The punishment of the accused shall be five months by imprisonment.

except that from the date of this judgment.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (five months of imprisonment) is too unreasonable.

2. Although the Defendant committed the instant crime even though he had the record of punishment for the same kind of crime, the Defendant committed the instant crime. However, considering the following circumstances: (a) the Defendant’s mistake is seriously against his will; (b) the Defendant did not want the Defendant’s punishment by mutual consent with the victim when he was in the first instance trial; (c) the motive and circumstances of the instant crime exist; and (d) other various circumstances, which are the conditions of sentencing as indicated in the records, such as the circumstances before and after the instant crime, the Defendant’s age, character and behavior, character and environment, occupation and family relationship

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (each of the favorable circumstances in favor of the previous defendants);