The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal: Imprisonment with prison labor for not less than four months;

2. The judgment of the court below is inappropriate when examining the sentencing conditions under Article 51 of the Criminal Act, such as the fact that the defendant was found to have been erroneous for the first time in the trial, and that the defendant received the victim's test, that there was no criminal record of the same kind or imprisonment without prison labor or more, and that there was no other criminal record.

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 decision is rendered after pleading.

[Discied Reasons for the Judgment] Criminal facts acknowledged as a member of a criminal history shall be as stated in the corresponding column of the judgment of the court below.

(Article 369 of the Criminal Procedure Act). Summary of evidence, the defendant's oral statement at court

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act for the crime subject to the application of the Acts and subordinate statutes in the accusation room and for the selection of a sentence, Article 70(1) and Article 69(2) of the Criminal Act for the provisional payment order;