The judgment of the court below is reversed.

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

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is not good, and the defendant has not yet received a written indictment from the victim. However, the defendant has the same criminal records for more than 30 years, and there has been no other criminal records of having been punished for the same kind or suspension of execution or more, and the defendant deposited 7 million won against the victim as a criminal agreement amount (the amount of KRW 20 million deposited by the defendant on April 24, 2013 is about civil claims between the defendant and the victim, and the amount is not deposited as a criminal agreement amount, and it does not consider it as it does not have been deposited as a criminal agreement amount). In other light of various circumstances, considering the defendant's age, character and behavior, environment, family relationship, criminal records, circumstances after the crime, and motive and circumstance of the crime, the defendant's assertion is somewhat unreasonable, and therefore, it is reasonable to recognize the defendant's punishment imposed by the court below.

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 all the same as the corresponding columns 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. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Determination of punishment like the order in light of the various circumstances in the reason for reversal prior to sentencing prior to the reason for reversal of punishment under Articles 53 and 55(1)3 of the Criminal Act (i.e., taking into account the favorable circumstances to the defendant in the previous reason for reversal)