The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (4 months of imprisonment) is too unreasonable.

2. The Defendant’s crime of this case, in itself, does not have much harm to society in that it can cause spokes in addition to property damage.

However, the defendant recognized the crime of this case and opposed to it, and the injured party did not want to punish the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, sexual conduct, family relationship, occupation, etc., and the conditions for the sentencing as shown in the records and arguments, it is recognized that the sentence imposed by the lower court is unfair due to the absence of sentence imposed by the Defendant, and thus,

3. As such, the defendant's appeal is with merit, and 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 decided as follows.

[Judgment of the court below] Since the criminal facts of this case against the defendant are the same as the corresponding column of the court below's judgment, they shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. Statement at the original instance by the defendant;

1. Written complaints filed by the KB Capital Company and D;

1. Application for a medium and high debate, application for registration of automobiles, and application of Acts and subordinate statutes concerning receipt certificates;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the grounds in the holding that it is favorable to paragraph (2) of the same Article);

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. Application of the sentencing criteria;

(a) Class 1 (Interference with Exercise of Rights) area (i.e., January to August) mitigation area (i.e., special mitigation factors) (including advanced efforts to recover damage);

(b)whether suspended;