The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness at the time of committing the instant crime.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below, the defendant was in a state of mental or physical loss or weakness at the time of committing the instant crime.

Therefore, this part of the defendant's argument is without merit.

B. In full view of the following: (a) overall sentencing conditions as shown in the instant sentencing records and arguments and the fact that the Defendant agreed with the victim, the lower court’s punishment is too unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is therefore justified, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1), 152 subparag. 1 and 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);