The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. In light of the following: (a) the Defendant’s gist of the grounds for appeal (unfair form of punishment) is against the Defendant’s mistake; (b) the recovery of damage was made; (c) the Defendant was engaged in construction business in good faith for 35 years; and (d) there was no record of criminal punishment exceeding the suspended sentence, the sentence of the lower court sentencing one year is too unreasonable.

2. In light of the following: (a) the Defendant’s mistake is against the judgment; (b) the damage recovery occurred in the trial; and (c) the victim expressed his/her intention not to be punished; and (d) other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the motive and background of the instant crime; (b) the circumstances before and after the instant crime; (c) the degree of damage; and (d) the character and conduct of the Defendant and the environment as shown in the records and arguments, the lower court’s punishment

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure

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 on the suspension of execution;

1. Probation and community service order under Article 62-2 of the Criminal Act;