The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The lower court’s sentence (the grace period and the suspended sentence: 6 months) against the Defendant in the summary of the grounds for appeal is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the statutory penalty for a special injury is a prison term of not less than one year but not more than ten years pursuant to Articles 258-2(1) and 257(1) of the Criminal Act, and if the court below, while suspending the sentence against the defendant, decided to impose a suspended sentence for six months, it should have been mitigated pursuant to Articles 53 and 55(1)3 of the Criminal Act.

However, the court below omitted discretionary mitigation in the application of Acts and subordinate statutes while suspending the sentence of six-month imprisonment against the defendant, and since such illegality affected the judgment, the judgment of the court below shall no longer be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 261, 260 (1) ( point of special violence and choice of imprisonment), and 258-2 (1) and 257 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for a special injury heavier than punishment);

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

1. Article 59 (1) of the Criminal Act of suspended sentence;

1. The conditions favorable to the defendant for the reasons for sentencing six months after the suspension of sentence are as follows:

A defendant is subject to criminal punishment twice as a minor fine.