The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. In full view of the various sentencing conditions shown in the records and arguments of this case, including the following facts: (a) the court below’s punishment seems to be somewhat unreasonable, and the defendant’s above assertion is well-grounded. In light of the above, it is reasonable that the defendant’s punishment is somewhat unreasonable.

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.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 260(1) (the point of violence, the choice of imprisonment), 258-2(1), 257(1) (the point of special injury), 284, and 283(2) (the point of special intimidation, the choice of imprisonment), 261, and 260(1) (the point of special violence, the choice of imprisonment), 369(1), and 366 (the choice of imprisonment) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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;