The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

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

2. The crime of this case, which is a dangerous object, is deemed to be the head of the victim's disease, and the nature of the crime is grave, and the defendant has been punished for the same kind of crime several times, etc. However, in full view of all the circumstances that are conditions for sentencing, including the fact that the defendant deposited KRW 3 million for the victim at the investigation stage, that the defendant agreed with the victim, that the defendant committed the crime of this case by drinking and that the defendant seems to have committed the crime of this case in depth for about four months under the influence of alcohol, and that his mistake is against the defendant's age, happiness environment, etc., it is unreasonable to determine that the sentence imposed by the court below is unfair.

3. Accordingly, 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 well-grounded.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation under Article 62-2 of the Criminal Act;