The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (two years of suspended sentence for four months of imprisonment, probation, 80 hours of community service, and 40 hours of lecture) that the court below sentenced is too unreasonable.

2. The fact that the judgment does not reach an agreement with the victim, and that the method or the nature of the crime of this case is not good, etc. are disadvantageous to the defendant.

However, in full view of all the circumstances, such as the fact that the defendant deposited 9 million won for the victim, the confession of the crime of this case, the social ties of the defendant, the social ties of the defendant, the support for his family is relatively clear, and there is a need for the defendant to support his family, and the defendant has no specific criminal power, except for the crime of bodily injury, etc. committed in around 1998, and the character, conduct and environment of the defendant, the background and result of the crime of this case, the circumstances after the crime, etc., and the conditions of sentencing as shown in the records and arguments, the punishment imposed by the court below is somewhat inappropriate, and therefore the above argument of the defendant is reasonable

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as shown in 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. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

2. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the grounds for reversal);