The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The fact that the amount of the judgment acquired is not minor is disadvantageous to the defendant.

However, in full view of the fact that the defendant is in profoundly against the crime of this case, that the victim did not want the punishment of the defendant by mutual consent with the victim when it comes to the trial, that it appears that the defendant lives faithfully other than the punishment imposed once by a fine due to the crime of this kind in 194, and that the spouse and minor children should be supported by the defendant, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the defendant's assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and 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 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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