The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

1. The sentence sentenced by the first instance court (a year and six months of imprisonment) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In addition to the circumstances described in the column of the reasons for sentencing of the first instance judgment, considering the records of this case and various conditions of sentencing as shown in the pleadings, including those agreed with the victim, the above sentence, which was sentenced by the first instance court, seems to be too unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the first instance court is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and the summary of evidence in the judgment of the court of first instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);