The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. Although it is recognized that the defendant has the same criminal history as the judgment, the damage amount of this case is not much high, the defendant reflects the wrongness while committing the crime, the defendant has no record of having been sentenced to imprisonment with prison labor or heavier punishment, the defendant has agreed with the victim at the time of the trial, and the victim has raised an appeal against the defendant's wife, and the defendant's age, character and behavior, occupation and environment, circumstances and result of the crime, and the sentencing factors in this case, such as the defendant's age, character and behavior, occupation and environment, circumstances after the crime, etc., are somewhat heavy.

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 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. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);