The judgment of the court below is reversed.

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

However, the period of three years from the date this judgment became final and conclusive.

1. The decision of the court below (one year and four months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant was in the first instance trial, and the victim made efforts to recover damage by paying KRW 15 million to the victim; and (b) the victim did not want to be punished by the Defendant in agreement with the victim; and (c) the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime; and (d) circumstances leading to the instant crime after the commission of the crime, etc., the lower court’s punishment is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered favorable circumstances as examined in the grounds for reversal);