The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence sentenced by the first instance court (or 8 months of imprisonment) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. Taking into account the records of the instant case and the various conditions of sentencing indicated in the pleadings, including the fact that the circumstances described in the first instance sentencing column for the determination, were added to the circumstances, and reached an agreement with the victim, the said sentence seems to be too unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the first instance court is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment of the court of first instance, and thus, it is acceptable 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 punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution ( considered the above circumstances);