The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

1. The decision of the court below against the defendant on the summary of the grounds of appeal (unfair sentencing) is too unreasonable (the imprisonment of six months, the suspension of execution of two years, and the community service order of 80 hours).

2. In full view of the following factors: (a) the fact that the amount of damage caused by the instant crime was not much significant in the judgment on the determination of sentencing; (b) the Defendant’s confession and reflects the instant crime; (c) the Defendant has agreed smoothly with the victim at the time of the trial; and (d) the Defendant has no previous conviction exceeding the same criminal record and fine, etc., which are favorable to the Defendant; (b) other factors favorable to the Defendant, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (c) various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the crime; and (d) the scope of the recommended sentencing guidelines of the Supreme Court sentencing committee [the scope of recommended punishment] mitigation area (no more than eight months) [special mitigation factors] [the scope of punishment] mitigation area (no more than eight months] of punishment, and thus, the Defendant’s argument

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Grounds for another judgment】 The facts constituting the crime against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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