The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the background and content of the instant crime, etc., the fact that the nature of the crime is not somewhat unfavorable to the Defendant; however, it is favorable to the Defendant for the following reasons: (a) the Defendant to recognize the Defendant’s mistake when he was in the trial; (b) there is no particular criminal punishment other than the sentence of a fine once due to the instant crime; (c) the substantial damage amount seems not to be relatively large; (d) the reason why the perpetrator wanted the wife; and (e) the fact that the Defendant agreed with the victim when he was in the trial is in the trial.

In full view of the above circumstances and the defendant's occupation, family relation, age, character and conduct, environment, motive of crime, means and consequence of crime, the sentence of the court below is deemed unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The sentencing of Article 62 (1) of the Criminal Act shall be determined as ordered in consideration of the various circumstances described in Article 62 (2) of the Criminal Act;