The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The decision of the court below on the summary of the grounds for appeal (two years of imprisonment with prison labor for one year, two years of probation, and two hundred hours of community service) is too unreasonable.

2. In full view of the circumstances such as the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable in light of the following: (a) the Defendant was not subject to punishment beyond the same criminal history or fine; and (b) the Defendant was found to have committed a serious offence and has committed a false offense; and (c) the Defendant recognized all the facts charged and divided his mistake.

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 as stated in each corresponding column 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 3 (1) and Article 2 (1) 2 of the Punishment of Violences, etc. Act concerning the crime, Article 276 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The conditions of sentencing prior to the reasons for sentencing under Article 48(1)1 of the Criminal Act are comprehensively determined as per Disposition.