The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than one year and by a fine not exceeding three hundred thousand won.

The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant was the first offender and agreed with the victim R, the court below's punishment is too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following is ruled again

The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the facts of the crime and the summary of the evidence of the defendant, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331 (2) and (1), Article 342, Article 231, and Article 234 of the Criminal Act concerning the facts constituting an offense; Article 154 subparagraph 2 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Each choice of a fine for the crime of forging private documents or fabrication of such private document, or for the crime of violating the Road Traffic Act, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision on the Grounds for Appeal);

1. Probation under Article 62-2 of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;