The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of 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. Determination

A. The lower court sentenced the above punishment by taking account of the following circumstances: (a) under favorable circumstances in which the Defendant reflects the fact that the Defendant deposited KRW 2 million for the victim; (b) excessively collected to the victim; (c) caused serious fear and apprehensions by excessively gathering them; (d) caused serious harm to the life and body of the victim; and (e) there was no flag for the victim; and (e) there was no flag for the victim.

B. However, there are changes in circumstances, such as the fact that the defendant was in a trial for the defendant, and paid 3 million won in addition to the above deposit and agreed with the victim, that the victim did not want to be punished by the defendant, that the J, the spouse of the defendant, waives his claim for consolation money to the victim and promises not to raise any objection in the future, and that the defendant will reflect in depth his mistake through the life of confinement for about 70 days and will not contact the victim in the future.

In addition, considering all other conditions of sentencing as shown in the records and arguments of this case, such as the character and behavior, environment, relationship with the victim, background leading up to the crime, means and consequence of the crime, and other circumstances after the crime, the sentence imposed by the court below is considered to be unfair as it changes the conditions of sentencing in the trial at the above time, and is so unfair as to result in the change of the conditions of sentencing in the trial.

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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;