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.

Summary of Grounds for Appeal

The sentencing of the court below (six months of imprisonment) is too unreasonable.

Judgment

In light of the following circumstances: (a) the Defendant denied the crime up to the judgment of the court below; (b) the Defendant consistently denied the crime; and (c) the degree of injury of the victim is not easy; (d) the Defendant was found to have led to his conviction during the period of two months of detention; (b) the Defendant deposited KRW 3 million for the victim; (c) the Defendant received it and partly recovered the damage; and (d) the Defendant did not have any criminal power; and (e) other circumstances, which are the conditions of sentencing indicated in the record, such as the motive and circumstance of the crime in this case; (e) the Defendant’s age, character and conduct, environment, family relationship, etc., the sentence imposed by the court below is somewhat unreasonable.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows, except for the addition of “statements of the defendant in this court” to the summary column of the evidence among the reasoning of the judgment below, and thus, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the defendant among the grounds for reversal in the front);