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 one year from the date this judgment becomes final and conclusive.

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. In full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion is reasonable.

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 evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances examined in the grounds for reversal);

1. Social service order under Article 62-2 of the Criminal Act;