The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal asserts that the defendant is too unreasonable because of the above excessive punishment of the court below (nine months of imprisonment with prison labor), and the prosecutor asserts that the sentence of the court below is too unfeasible and unfair.

2. The facts that the crime of this case is not less than the nature of the crime in light of the applicable law and content, etc. are disadvantageous to the defendant, but on the other hand, it is against the defendant's wrong recognition, and there is no particular history of punishment other than the punishment imposed once due to the crime of this case before the long time, the degree of injury is relatively not more severe, and the fact that the victim reached an agreement with the victim is favorable to the defendant.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the lower court’s punishment is deemed unfair.

Therefore, the above argument by the defendant is reasonable, and the prosecutor's above argument is without merit.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the judgment of the court below is reversed on the grounds that the defendant's appeal is well-grounded, the prosecutor's appeal shall not be dismissed separately). [Judgment which is used again] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the corresponding column of the judgment of the court below, and thus, it is cited as it

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2(1) of the Criminal Act for the observation of protection and the sentencing of Article 62-2(2) shall be determined as ordered in consideration of the various circumstances, etc. examined in the above Article 62