The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The punishment of August, 200, 2 years of probation, and 120 hours of community service imposed by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Although it is recognized that the degree of injury suffered by the victim in the board is not somewhat weak, the defendant recognized the facts charged in this case and reflects the depth thereof, the defendant's primary crime without any previous conviction, the defendant first deposited KRW 11,00,000 for the victim, and the defendant continuously paid the amount of compensation for the medical expenses of the victim to the National Health Insurance Corporation each month, and taking into account all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, etc., the court below's punishment is somewhat inappropriate. Thus, the defendant's assertion has merit, and the prosecutor's assertion has no merit.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

(3) Article 369 of the Criminal Procedure Act provides that “A prosecutor’s appeal shall not be separately dismissed inasmuch as the defendant’s appeal is accepted and the judgment of the court below is reversed.” The gist of facts constituting an offense and evidence recognized by the court is the same as that of the judgment of the court below.”

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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