The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. In light of the content and methods of the instant crime, it is not good for the Defendant to commit the instant crime, and there is a record of having been punished several times prior to the instant crime, and there is still no agreement with the victim, etc., which are disadvantageous to the Defendant.

However, in full view of the favorable circumstances such as the Defendant’s recognition of the crime of this case, the degree of damage is minor, the Defendant deposited KRW 500,00 for the victim when it comes to the trial, and the equity with the case where the first head of the crime of this case in the judgment of the court below is judged simultaneously with the crime for which the judgment of first head of the crime of this case in the judgment of the court below became final, and the possibility of improvement and the future need to be considered, and other circumstances that are the conditions for the sentencing of this case, such as the Defendant’s age, character, environment, background, method of the crime, circumstances after the crime, criminal record relation, etc., the punishment imposed by the court below

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again ruled

Criminal facts

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

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. The main text is to take into account all the circumstances that are conditions for sentencing specified in the instant pleadings, including the circumstances described in each of the circumstances, as considered in the judgment on the grounds for appeal for sentencing under Article 62-2 of the Probation Criminal Act.