The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. It is recognized that the degree of injury of the victim to the judgment is not less severe, and that the circumstances after the crime of the defendant are not good, such as denying the crime until the court below rendered the judgment, and that the defendant has the same criminal records and four times (one suspended sentence, three times sentenced to a fine).

However, in light of other various circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the Defendant’s punishment of this case is somewhat unreasonable, and thus, the Defendant’s above assertion is well-grounded.

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 evidence and the criminal facts recognized by the court, and the summary of the evidence, are the same as the description of the judgment of the court below, except for adding "1. The defendant's oral statement at the court below" to the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances in the preceding);

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