1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (eight months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The judgment of the defendant committed the crime of this case without being aware of himself during the period of the suspension of imprisonment due to the crime of gambling opening. However, considering the fact that the defendant had no record of punishment for the same kind of crime and reached an agreement with the victim in the trial, the defendant's mistake is seriously reflected in the defendant's crime of this case, and other various circumstances, including the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, the sentence sentenced by the court below is too unreasonable.

Therefore, the prosecutor's argument of unfair sentencing is without merit, and the defendant's argument of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are 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. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the choice of punishment for the facts of crime (to be comprehensively applied to each paragraph at the time of marketing, choice of imprisonment);

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62 (1) of the Criminal Act (a favorable consideration of the grounds for reversal);