The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court rendered the said sentence by taking into account the circumstances favorable to the Defendant, such as the fact that the Defendant acquired the victim through multiple times, the fact that the amount of damage was not small and the amount of damage was not realized, the Defendant’s reflectiveness, and the Defendant’s previous convictions only once.

However, in full view of all the sentencing conditions, including the defendant's age, sex, environment, circumstances leading up to the crime, means and result, scale of the crime, circumstances after the crime, etc., it is judged that the sentence imposed by the court below is unfair due to the failure of the defendant's punishment, and the defendant's consent after the judgment of the court below was rendered.

3. As such, the defendant's appeal is with merit, 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 ruled again as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence is as stated in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the stay of execution ( normal consideration in favor of the determination of the above sentencing);

1. Article 62-2 (1) of the Criminal Act on the observation of protection;