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 decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. In light of the method of judgment and the amount of the crime of this case, the crime is not less likely to be taken into account. However, the punishment of the court below is too unreasonable if it is considered that all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstance after the crime, etc., are taken into account, including the fact that the defendant committed the crime of this case while being aware of the crime of this case, and that the victim wants to take the wife against the defendant by smoothly agreement with the victim after the judgment of the court below was rendered.

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.

【Reason used in multi-level] Criminal facts and summary of evidence acknowledged by the court, and summary of evidence, are identical to each corresponding column of the judgment of the court below, except for adding ‘the defendant's oral statement at the court of first instance' to the first instance, and thus, they are cited as it is 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 criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;