The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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 (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the contents and means of the instant crime, although the nature of the crime is not less than marbling, the Defendant did not have any history of punishment except for a fine twice in a minor case, and when the Defendant was in the first instance, all of the facts of the instant crime and reflects in depth the mistake. However, in full view of other circumstances, including the Defendant’s age, occupation, character, character, environment, family relationship, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【Discrimined Judgment】 The facts constituting a crime and the summary of the evidence recognized by the court, and the summary of the evidence, are identical to the corresponding column of the judgment of the court below, except for the alteration of “1. The Defendant’s partial statement” as “1. The Defendant’s oral statement” in the first instance judgment to “1. The Defendant’s oral statement”. As such, they are cited as it is in accordance with Article 3

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), Articles 258-2 (1) and 257 (1) (the point of special injury) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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