The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six 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 that the court below sentenced the defendant (six months of imprisonment) shall be excessively unreasonable;

(2) On the date of the first trial, the court below explicitly withdrawn the assertion of mistake of facts on the date of the trial). The defendant's crime of this case, which the defendant committed, shall be deemed disadvantageous to the defendant, such as the following: (a) the nature of the crime is not less than that of the crime in light of the content and method of the crime, the degree of damage, etc.; (b) the victim did not reach an agreement with the victim until now;

However, it is hard to say that the defendant does not repeat again when he made a confession of the crime of this case and made a statement that his mistake is divided in depth. There are some circumstances to consider the motive and background of the crime of this case, there is an opportunity to reflect through prison life for about 2 months since the original trial, the fact that he has an opportunity to reflect by age 77, the economic situation is not sufficiently sufficient due to the age of 77 years old, and other circumstances that are conditions for the sentencing of this case, such as character, character, intelligence and environment of the defendant, motive and circumstance, means and consequence of the crime of this case, circumstances after the crime of this case, family relationship, health condition, etc., the defendant's argument is recognized as inappropriate because the punishment imposed by the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is identical to the facts charged and the summary of the evidence, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Suspension of execution is advantageous to Article 62(1) and (2) of the Criminal Act;