The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

except that, for three years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (one year and four months of imprisonment) is too unreasonable.

2. In full view of various circumstances, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable, and thus, the defendant's assertion is too unreasonable. The defendant's assertion is justified. The defendant's assertion is justified. The defendant's assertion is justified. It is so decided as per Disposition by the assent of all participating Justices on the bench.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as shown 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 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances examined in the grounds for reversal);