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 two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The lower court rendered a sentence by taking into account the following circumstances: (a) the Defendant was starting and opposing the instant crime; (b) the Defendant was sentenced to a fine of not more than KRW 300,000 on three occasions after being sentenced to a suspended sentence in 1968; (c) the occurrence of heavy consequences from the instant crime; and (d) the victim’s family members were to be punished for severe punishment against the Defendant; and (c) other factors of sentencing as indicated in the instant records and arguments, including the Defendant’s age, character and conduct, environment, background of the instant crime, and circumstances after the crime.

However, in light of the fact that the defendant made efforts to recover damage by depositing money for the repayment of damage in the appellate trial, the sentence of the court below is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence admitted by the appellate court and the summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the relevant Act concerning the facts constituting an offense, the multiple-choice Act and the choice of imprisonment;

1. On the same grounds as stated in the judgment of unfair sentencing on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, the sentence shall be determined as per Disposition.