The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The sentence imposed by the court below (five months of imprisonment) is too unreasonable.

2. In full view of all the circumstances such as the Defendant’s age, character and conduct, environment, circumstance and contents leading to the instant crime, circumstance after the crime, etc., the sentence imposed by the lower court against the Defendant seems to be too unreasonable, and thus, this part of the Defendant’s assertion is reasonable, inasmuch as the sentence imposed by the lower court is too unreasonable, in light of the following: (a) the Defendant was the first offender; (b) C and C do not want to be punished against the Defendant; (c) the Defendant’s complaint against C was revoked; and (d) the result of the Defendant’s criminal punishment was not brought about due to the Defendant’s complaint against C; and (c) the Defendant’s complaint against C did not bring about serious

3. In conclusion, 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 with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 (i.e., confession) of the Criminal Act mitigated by law;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration favorable to the reasons for reversal);